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HomeMy WebLinkAbout12-1987.s BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 ? ry H: 17 Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS, Plaintiff V. ED CLAPPER A/K/A EDMUND C. CLAPPER and BETTY J. CLAPPER, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.o/ a-1957 Ofvi( a NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice to you for any money claimed in the Complaint Ck? sbas? ? or for any other claim or relief requested by Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Effective September 1, 2003 3511309-1 .j BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 Attorneys, for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS, Plaintiff V. ED CLAPPER A/K/A EDMUND C. CLAPPER and BETTY J. CLAPPER, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No AVISO PARA DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De LISTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE US"TED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGON HONORARIO. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Efectivo 1 de Septiembre, 2003 Queja 3511309-1 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 4688074001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 Plaintiff SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS, V. ED CLAPPER A/K/A EDMUND C. CLAPPER and BETTY J. CLAPPER, Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. Defendants COMPLAINT 1. Plaintiff, Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks ("Susquehanna "), is a national banking association having an office at 13511 Label Lane, Hagerstown, MD 21740, and a mailing address of P.O. Box 639, Maugansville, Maryland 21676. 2. Defendants, Ed Clapper a/k/a Edmund C. Clapper and Betty J. Clapper, are adult individuals with a last known address of 19 Wiltshire West Street, Carlisle, PA 17015, who own premises known as 9 Creekside Lane, Hampden Township, Camp Hill, Cumberland County, Pennsylvania (the "Premises") Defendants acquired title to the Premises by deed dated June 27, 1998, and recorded with the Cumberland County Recorder of Deeds on July 29, 1998 to Record Book 182, Page 247. 4. On or about June 19, 2007, Defendants executed and delivered to Susquehanna a Note (the "Note") in the original principal sum of $20,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. The Note carries interest at the initial rate of 10.501% per annum and requires Defendants to make monthly payments of principal and interest in the initial amount of $200.49, beginning August 7, 2007, and continuing thereafter on the seventh (7th) day of every month until all outstanding principal and all accrued interest are paid in full. 6. The Note requires Defendants to pay a late charge of five percent (5%) of the overdue payment of principal and interest or $20.00, whichever is greater, when Susquehanna does not receive Defendants' monthly payment within fifteen (15) days of the date that the payment is due. 7. The Note is secured and accompanied by a Mortgage (the "Mortgage") dated June 19, 2007, and recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on June 25, 2007, on the Premises. A true and correct copy of the Mortgage which contains the complete description of the Premises, is attached hereto as Exhibit "B" and incorporated herein by reference. 3511309-1 8. Defendants are in default under the Note and Mortgage for failure to make monthly payments which were due beginning August 7, 2011, and each month thereafter. 9. Notice as required by the Pennsylvania Act 6 and the Note and Mortgage was sent to Defendants by Certified Mail, Return Receipt Requested on October 17, 2011. A true and correct copy of this notice is attached hereto as Exhibit "C" and incorporated herein by reference. 10. Pursuant to the Note, in the event of Default, Susquehanna may, and hereby does, declare all amounts owed under the Note, including principal, accrued interest, late charges, and all other charges, including reasonable attorneys' fees, to be immediately due and payable. 11. Pursuant to the Note, in the event of Default, Susquehanna is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to enforce the Note. 12. For purposes of this action, Susquehanna believes, and therefore avers, that $3,000.00 constitutes reasonable attorneys' fees for enforcing the Note. However, Susquehanna recognizes that it is restricted by law to those attorneys' fees that are actually incurred. If those fees are less than $3,000.00, Susquehanna agrees to adjust its demand for attorneys' fees, if applicable, at the time payment on any judgment is made. 13. As of March 14, 2012, the amount due on the Note and the Mortgage is as follows: Principal Balance ....................................................................... $18,273.83 Interest through 03/14/12 at a rate of $5.11 per diem ....................................................... 1,336.12 Late Charges ............................................................................... 240.00 3511309-1 Other Bank Fees ......................................................................... 340.00 Attorneys' Fees .......................................................................... 3,000.00 Total $23,189.95 plus continuing interest after March 14, 2012, at a rate of $5.11 per diem, plus continuing late charges, attorneys' fees and costs. 14. Susquehanna has demanded payment of the amount owed from Defendants but Defendants have failed and/or have refused to pay the same. 15. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendants may dispute the validity of the debt or any portion thereof. If Defendants do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendants with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendants the name and address of the original creditor if different from the above. 16. This is an action in personam on a Note accompanying a Mortgage and is not an action in Mortgage Foreclosure. WHEREFORE, Plaintiff, Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks demands judgment against Defendants, Ed Clapper a/k/a Edmund C. Clapper and Betty J. Clapper, in the amount of $23.189.95, plus continuing interest 3511309-1 after March 14, 2012 at a rate of $5.11 per diem, plus continuing late charges, attorneys' fees and costs. Date: 51 K-1- II ), BARLEY SNYDER LLC By: illiam F. Colby, Jr., Es re Keith Mooney, Esquire Attorneys for Plaintiff, Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks Court I.D. No. 46880; 74001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 3511309-1 r&M=n1jy t:u,n i'Isaka Jlutgknwa - CJdS[ce 34 SW Jnuaao«'n Breed 114 P, I"I to t71'71 4f 1'11 IIt..L*l)IW* hLllrTb!"CAT CN UJrVM*T RATT C141 _ ! 10.490 teF THE CREDT AS A 4 E"LY Ia.5015k cla ar jE ,B.tty J lappet { A 9 Creak.aide Laze ,Camp Hill, PA 17011 TF'L040fai N0. ICEr1TTHCA110t+ NO. . {(717)763-1810 4*CAVAt.},mouNT- [ FUtaxNiuATE :i tt,ATUnfTYDATE Cue' $4C,900.OQ__ 06/23/07 FIXED RATE CONSUMER TOTE, DISCLOSURE AND SECURI'T'Y AGREEMENT 7t <^.'!at''R : LOAN tNNA9914 _ 901006065 _. . LXXLAP AMQLN'T THE CREW WU OC6T AMOUNT ~OF OREPrr PPO',IOEA TO THE THE AMOUNT reCHHOwoER WKL.u.oE FJUO AFTER 8?--WVrl OR ON SQVROwEM9 MHAtY. AY MLNTS HAVE BEEN 100 AS$C-fE:>US.EP. $28,119.35 SM".xi $19,998.25 $48,117.60 NI-IMSEi OF PAYMENTS, AmouNT:OF PAYMENTS WHEN PAYMENTS ARE DUE 240 S 200.49 monthly beginning 08/07/7007 n 6sitimall AND FEATURE: S This loan ccntau,n a demand feature. UIRED DEPOWS; [] The Annual Percentage Ratedhea not take Oft Amount required deposits UAM: A security Interest has boner granted ire I -I Colataref securing other iaatw with Lender may also secure "a loan, Any deposit accounw of ewer with Lander, ^ . The goods or property bstra purc@rpsed G? OrherDwel l ing O FEES AND TAXES; $ in fees and b ttes are being paid to public officials in order to research, pattoCt release a annurity interest in :dtat"111, PAYMENT: If Borrower "Ire off early. Borrower may will not have to pay a penafty. .y _. I Will rot. be emllrxl ra a refund of part W rho firkiMa charge.. 1ZATION Borrower has the, d fn to receive at if NS We an Itionizabon of this Arnount Snanaed, Borrower ( I}}---ws jdoes not want an nom zalion. E CHARGE . If a psymant Is received more than days tote. Borrower" be charged laia.{.o me Cf t-3 of the wpaid psymenC 5?..._... .. . ... ,,. 5.00. 14 at the unpeld late payment or $.?20 z... fl . whichovar is to greater less, as rotted by law. . ASSUMPTION: (X ? This loan may rot beaesum w on its crig al wrma, This loan may be assumed on its orkga l terms, subject to cenain conditions. se the pmAsions below and on the roverse side lot adrktorial inbMWADn about nont aymant, tlafaWk pfulasy emit penalties and refunds and welerapon. PROMISE TO PAY: For value raosh+W. 3otrower prom,nas to pay toles order of Lander the principal amount of _Tiirgp $Y Thop "d and } -00/100 _. Dollars ls-22, 000.09 hho interest on f:e unpaid pnac l balance at the me stud in to manner dusoribed below, wntl all amounts owing under this Note, we pawl In full. Al amounts received by Lemler shot be applied first to amt-od, unPald m1lerest, then to unpaid i do lp it and than to any late oharges, as described atiove, and expenses or in arty other order an daterfromad by Lender '.n Lender's scie dlwaabon as permitted by law. INTEREST RATE: Interest steel be comgklted on the basil of-t1?e -actual number, of -days oy?; 365 days er year Interest on Vila Note shat be Calculated and payable at a Noel race of 10 k39 Q..,:9o per annum., POST-MATURITY ATE: Adtermatunly, whether ice to scheduled maturity or acceleration dander may increase Ilia Interest rata on this Novo to Rate in of act at time of maturity plus two pursert ?_ _ 11111 or-t ra maxknum Trrieresi rite Lcsitdaris permitted la limps by law. wwEZAwver le Via, tmmas6-6T-i%% sty unl?:"..paid. _ . _. PAYMENT SCHEDULE:. Borrower al pay tae principal and interest accordcg to this following schedule: 239 payments of $700.49 beginning August 07, 2007 and continuing at monthly time intervals thereafter. A final payment of the unpaid principal balance plus accrued interest is due and payable on July 07, 2037. PREPAYMENT: This Naas nay be prpwid In part or In TO on or before dts maturity do% L with ?k without penalty. If this Note contalne mom than ono Installment, any partial prepayment wig not offset rite due data or the amount of any subsequart tnstalirrtant, unless agreed to, it' WilMg, by A minimum finance cater Borrower and Lander. h this Note Is prepaid in tu8ttiet'evrll lea: ge of S . '_J A prspaym+ent penalty ot: COLLATERAL: To secure the p aymant and performance of ft Obligations (ae defined on the reveres side). Borrower grants to Lender a security interest in era) pledges and assigns to Lender al of 84nower's right, title and Interest in the following described property who liet now owned or hereafter oxistng or acquired and wherever located' (the 'Cdlatsrsf"): {a) Ali monilas, Instruments, Savings, ctulia g, share and other accounts of Borrower (oxcfudtng IRA. Keogh. trust accounts wad other accounts subjmct to tax p1Ytaltles it so aaskined) Wu are now or in lye Moire in Leralar's custody or contrdt (b)'-2 If checked, tin following property as wed as any other prrop ittly described in any other security tnsbumsriN socunng this Note or all of Borrowers obligations.: - The prcperty pledged udder a mortgage dated dime 23, 2007. ,r d(11 Ali prncr,,ads and prextucts Of the pmperly as well as any replacements, accessions, substitutions. and ardditil to any of the above cHECK PROCESSING FEE: If a chiN* lot Payment s re:umod to Lender for any reason (for exempts, becausr,- there are unsurt#c+ent 11:nds n Borrowers ehecling arcaunt), lender w;l &ssoss a check: processing fee of S 4.0., 00 which shatl he added to the pnootpal ualance. RENEWAL. '.._., tf chocked, this Note m a rartewal. but lot a salstaotion, of Loan Number A_. *,ir` "f aar?u5'anYi rl BELOW AC7Rk1N5.Eix3E'THF.T THEY YLlk'E t5@AA . UNpEn9T.WD ANfl AREE TO "YSF TFnMSA? lON.ITKN'SK%' 1Hf5 "1C3=E, t:'?LUtY.HGTt1E PRJVItG(#JStirN ?M,F nF'vE:»SG Si S`eW .U $C?WtNAED3E i+EC€€FT c^i AN 81(K:TLZ}PY v rr*vn:.svv r+E ;?r'»w. enders( rocnwr cs:wea eM, aevw?,+cn co s.eaxm 5.a nm.tr?.ffvua mi,. 19th -.wy Ate ?fie,,.r _..2007. - _ Y°------"" (Seal) ''` - ...___...,.. Hid Clapper #Sonfy (Bast) TERMS AND CONDIPONS 1. OBLOATIOM The CL&W W east soot" the -M pe MtiAfa of Borrower. rreaeart and .mum, Must ar snaerfd, stbaatete teed C."fo ger 1. "Pates and whplod Intlob"aaa-under two prbediNNAW now and oQreerekYt, rules ivtean ktcea.tg !oast Wvwwm nhed r to 9orrc LOfdsr and at olmandite" norwred by Lander Upon tlta odt?rrMOO at an [nfoftt Of OsflaA It»laOe+sy' 'OhILi a?: U) >tri NOM; {D? I d arcf*d. al ~ tx?9y dig of hours ovfdenoss of indebtedness, Awoo vinb: kteatirtoshje. « ottjewiea d Borrotrrr b Uetdar (wnellhar Inataltld iM the "who or purp than fhb lorl twnaaf, d seamy fnMbt+tisus Doter flan ten's Note wNf etas Ccgebral vWal" arty Wk or ledwel aev, fla, «rogulalon, ndoo". W nol MIND. tAi ar to Of= Any nil W fbedaskn when requkad, two. waives "swwq thWoat 10 trot pan of Rte CDlrtefai fast would cause dry, such volobbn weh impact w auith Avd0o*dnp3: and (c) All fvr nab. actions s. a tor, Mod&zAtom, topoacarreado of xuMtfirtnn+ to A. y of 7e 10 1 part of ma Coaefval corner, of A mor'tyeyr of dead of tat nano hviog reel propaety, ttne bm our of tea, tmrfetyW of dead of trial o W gsnrarn vnaher N am =110=- %V ihH Nero z COVBtiAt n: Hollowell covbnwal .d rswrw is o+.nt: (4)- INSURANCE. The Csdeterat wW be kapr solved ks s>d hit value egransl a hazards inning IoBs a dana;e eationd by Ike, loop. 0014ke. O?A# ON -Dow aaeuolly. 11 ON COONWM ConsbM ofs teen., , aOnOwer teal -Main pOlnpnettensara and comes eOvww in Ar"Inib at I.Nol eOOed to the actrW C4Wh V" W Nall'O ob -In dod albooa -1 to esorad I_ n _3 ..._... _ _._ Bmrowaf ahal Union Land. wdh avidawa of nwrar$_.KKtlostl^o Ow 1"wad cpreaahgs. AN srourVal a bahirdh fa=st. have a loss mabis -tares wkh a wwkim eras t.garns " Masora company u gtva Lertde, At lens! days advance when -%cu, Feior to any aeratlon dr odr,ceaaron. hst"Poe may be obla" kum an ndurame Corr"" or BonoIew'e choice: how- sutn comtuny must be kwm d to do bnuwrosx In %e stand ins ColdrWai a bcaNd and to polky mist he in a lam and wniont nncepabp to Larder. Boffew« norebfr -Wm to Lander a/ 8--en's rghl, itp end Ertl,-t in and to proooeda of nswAnca not wtoopk!p Due miromi owed unary nts Obigarrxa. and AMOY &SCIA eta insnrre to perry all prxrada directy to Lender and Agioes to etraea,N such ilotbonal doculhente as Lender « Its newor Fray requra b elect vus assign-L it (rw Collateral rootlets W a motor vahilo, and'n toe event Borrowat falls to actrime a Marken r+Awutcs on to mowx velhkre, Lamer (whor provdwq notes as mar be ralip red oy ten,) Fray at 4. diaataaun protuie Approprade rsaanos owienIgra. upoo U. Oooateeal which shat be pan Of M. Obligations, sacurad by the Collateral In order to project its MW W 19 In fall Co alar# end ks nights oriole fit. Atnaanrent Lbrrdot rvir ft., nsgolieb end wttb 0afnah widet Insurance polder, caveat any poky, and ordorss and dtebfxso Any dial or rwgotoble erahunfe it drawn by arty tnaurar Lenday's. bxarcisa of tJwa rights she$ be so" for Lenderslana9L Lender to not BO refYer I agent or UGfcWV, (b) OWNERSHor Borrow. w ore SOI& avrzx of to Coliateitd AN w onus p.non of orpiaM;,n rise a sov^ interest in a Maim a the Co&0nooi: ;r ft CMYeral Canowte of a mow vsnkb, Dwowr OAR WIN^* Lahdaf as Rn security s+wast fien) tw9da on the 1%e daounwnls WN w Obligations era paid A tel. Borra,wr w fIw tho prior W11- c Nfnf Of Lonna, sltAt rat pvAM An bddIn." ..sully nerds! in 10 CotaMal of set. taase. dingo" of of Irafatek.. orb CaWffiial as tab¢ as ft Obboarices Norman rntpaid. Bonuwaf WIN rid wait any sari or rmcu+nDfal,ce M arty "Iwo tggn ma Colaa(ai. (c) 130HFIOWEW91-OCAT)ON Borrowerv prineipn MKIehos or p^4a; piece v laumeat N of the state of PwMx 1vftni3 .... .... ..._.. _ Borrower .has rot change its atsw or SoGf4ort rvifhout drat nos}Vrhg Larder rn vn (d) LOCA11MUSE. Unless Lendw has possaesbn or canhol or tee Collateral, ten Calstarai wa to kept AN tae Sonowerb adibrwla. UAIass the CAN$" eorrserb of a nvxx volldtn. Bo,ruvar wt not rernove tee :.olabra to( mots then 11* ?(90)? digs term Mai admbei wiped' Rya poor wrwn PNnant of Lon". Boarvow agrow to use the Cakwor br Is-" vxpodas. in - me sncn wah a -tab and laaaril fmrs. It the COfallwi d a ffahx vah ds, k W* Fruit be used to NN&dS 1 goods W letsoha tot hit*, pfd h ww -1 be operated by arry person not iceman as an operator. (a) MAINTW4ANCE- The C,olaaraf a presently In good condition. R«rolwrt at Idvtw wXpenae, wo keep gee coutetat in goad call "on, it me coax wa IN a mall." vehica, amower "No mantas and service tee vehicle as recarrrrnlsleO by tad inrarrYfeboor and as nrWed to keep the votk* in good apMatirip condidgn. Borrower wb replako and fatal, at ttMMje of M GONAW N ore may to ri-essay, hen erne to urn e and will not perm l any lon to be created bwa olio of of: rapes.. Borrower wif permit L w dof to pupefa rte cowwwwal at wry rsa- is bow. In TAXES AND ASISEbSVENTS. barmyal will pay a L iw;, assessments AM>Other aharges upon the Gfikaunt. R ft CC$a8aral is a Mail vdhick, Bcarvwor will pay all DppHtess tied fws in co nwoon %^ lcerainy. rsgtababon and rapbolon. (g) OTHER. Upon he -Altai reapq w?sI of LaMar , Botfaser tad YJtnisll cufakt fir"Ol Sla?M'ts and spar fop" Ong OWMWOri f WWW ;bgGl0t. Harrower taw wrntedialsy thoNrf t.em. n wwng et Leralw s eNldress Wine COtaterM Is sgm4rajoty, dnri j . $Lbn a'if 8orroaYer tiMtg.s ftbarh7 anode. 7. ADVANCES TO PERFORM COVENANTS: Londe, fnay atkanoo funds. in as .Old dbefollbn, L pay of 11dotf tiny OXM, ions Or DOW emtumbriNOM 0004 ore CoMteral. Le,vtor n,lay ago, in ifs solo dNaorn", pay for me roper. pns,Orvatlon, ntainbnance and iswance of the Coks*rW. AR: such advatrcw emd payments, abal be a pail of am :)tttgaen2s dotter dye ". Lender steal also bo oFtdod to sel,- al other ,ighb and ?errredies -ft defawf « aA pbrrngted by few. LNldW title no dO W ttlkb Wry aewort to ^rniad 1%v NNd%N Ot tY CoMajerH ON No eswcee, any dighlN tot to Bcr tcww wits raspadt fo lul CoRdeaL a. tf(yle@6TEAD t)fEk1PMN: Borrcrsf apeoilddslty, ten ves Day homestead norspW whgh lady allSM to ore :awateal undw appla9hW federal a slay isw. 5. EVENTS OF DEFAULT. An Evonl ni pe1PUR Ww Drew under We Note in the svonf Diet Whoavsl.. arty COSigral. any guarantor. Or any other III paty 3woo CoNAtwat to secure nhw Now dw; ray fala NO inska flat, payment on ehw Note Of MW Wow Ob lgat'n or itbeo,oij b lend. Whole (tot bell a p fforra SM t3MgaWn m brwhils Noy werrbnly as covwant to Landau oonjetnad in tli. Note, any sa wily instum 4 or any 099 present of same -Awn agrsaat a t legged ing rhos... any oriar Obligation or i daGtosncas of Sorrowvf b Larder; {a) plvidaw ON Mill sany "IN or mtsbaOltg sign ure:tt raieawentaim to rib p(avsfed h Lander: ltl) able. ODhvegw, or wallow" rights In my Colstarai secutitg dha Nee Moor!i tae wafjen apfsoval of Lender d"Ir yli. kawet Or dernsges such CDnami in any rvaarertal rasped. at oubJeeje dose OtaWters; to as uri can8reation ON ,a) has a gwftw ajeltt t, art Wry, atlWI't4Wt or 60 81111100d of [aroe¢.gaftf BO"cofer. my grrn(anta Of toad patty pelgging colbAered to seehxe IN. Note, ar any of mba pcpwr{yfddlyVulauxN, ,fl. r1'p., twc«nea je9a'f iic«„eebni, is dosot+sd of brnYnatnd, tatssss 10Dplfa# iti Dttsitfssa. Deaoflhss !net>NM,L Irhakss art aRahinngnt tar the baneat of creditors. hnihc to :%airy A,blau trhey becowe duo. 6t beebtrras tle auppm army Wnbupt.y, WoN`wwy a dabW rsftabiia?Ckt praceDdkrg; ffouv,Le-eeLanderrvfs-ff oes4d,,Ilofoamarohdcbr llW (ghf cauess Lender to learn iLSes htecwe due to a -lytdtteAnt neater. In tee veW at ore Colaara4 or Lsadai, m gated fair. Defense the praepsel of tayrresmt or pprfarOanDe Is 5. RIGHTS LENDER ON EVENT OF DEFAULT; if 16era, ban Evnd of Default ade+ rue Note, Leader Ww be enteaad W "Welse one ON fnore of :he foArrawig rerwiliaa w4mil notice of darnand (eacspl as rsQw d fry few). (a) b dedws oa p,bclpw amount 0. otlawd nforssf uMOr tole Note and a other preaDnt few Whom oullpmionr of.Batoww rnenadhntery Orm. aria payable in lair, with sctenraeon shall be automatic and mmofdkata d dot Evt>"Of DWAMl es of" odor the BNNNNalmlOY Cvob, lb) b eWbol ere tale finding ObVION" of rloa*hw who or wrNout res«rng je WkWi proom; (c)_ te lake toseasaion of dry roinMfW ee filly etfnaar p-imad by ins; d) W fequre 9-t e, to dsWaf and rnake Available L Lendof any Cn&Wal at a grans reessnably o(owenaal b 90flowef am last.; tee) NO sob Baas or Otherwise de; m or any G01lofal and coded arty Deacimcy banana with m without I"Oro" W kj%w process: ti) to sw-off BarM#w1d toigasoro dgan;t any a MwIs IN- W Burowsr hqud'ng, but not fnglwd b, rmreee, itttiNLPMntY, msd deposit accounts rrininle fined wth lender; and ig). kr Aa.epa al other rights -ail" to Lwrda hahdaa any .hoer wikmn agfoanherhl OF.apnlCabb late, Lat,doft r1g1b are owwwtva and Noy to offartdssd logrtn0,, satraraWy, and in any ordw Lonaws rametiss under Rosh pwagrnph are in addition to thotio avamt* At cufrvran I.-, iro udaq, tow not irrated n, ore fight W avvOk 7, ADDITIONAL RfEdMES ON EVENT OF DEFAULT: If V. re n an Evenl of DebtuN, two. shay „lea have a1 Of the folowing 1411h; and renWdfos Of a 960ured ptrty tmdar the unaorm Corisearcrd Cade, pfosently or as her8ahnr annngod or tsplacad- Landon miry toquse !boated is awaroble the DclaMrsl And Odom of rnwka ft Available 10 Lendw: Lender May unN4tly, order E7onaWVS ptwnbos at. any'wirc ,f " hour and taste PoNoorskn of the ConabrM fsidet a musaba a ass Nily DOW Action pursuant to rleN to gain passassie,n tit ter at Land. 1arMflty oomNwnoa ucncinl proceettnga n.nixed rid saourdy ifdNMt'in on Coaalesat; and Leader ff" sal 2r Gokawel at public or Pravda sap. Lthk+ss trio =7a7 wMa fe deC4io spweY n volua of b a yorep? kimerfy QOM on a reoo?zed mlNod, U.N. wig panda ren.,OaabW exaNfIDANOn Ot the lima Anete Dr n1«11ad rlwptfaMtut tot requuep Oy tot U:rifwrn OotmWfbhF Carib, presently a' AY norad9jer aneaaY.d of nrpoeaa If if,. Cnplwai ranaahiA of saC«knA. Lanrrer steel be Wntilt;d b Nrawler R,a asaewfastp ter ntrtq dl LwdN b, Ije riactjfrrea MW to vow the eadaR19a, b halN Into issuer or tea aDGiN!tatS a rtrrtYt any rDteted dNkkndd, nbrae7 end seaurtNss fosuk?g from dldca sold. (sOrgantmhotrf And bapftel7alfdrje dfrecty, to LWOW of Ns Oeagnss. Lander shall be entaW, la doduct it, a-pwwu rte rapdedra.ad sad oaitwg fM COUktraf fst rtg Atkmaya tarir and eoUeTaOats) l0m 1M praoidds of any sap and apptj t ho hflance fast W unpaid ntetsat tad than to prnfdtA! awalg an doe Ob_yM dote s. Bnrffava vAI rritNS? t abje k, aay defioiu¢y. azcepl as pr rvrted fry pNr. s. IJF.MAaD FEATURE. • : t efwcklM, this ismis tOtttafw a dwnand jeaooa. Lsfrdm's Night n denuud paym«,b, at toy tare, and from lava to twrse. ahnll be in. Loader's sok wo absoarte dwOafmn, vatsttaf « raft any defeua had. acwhrnrd. 9. 1400I1PICATI ON AND WAIVE: 'fns eadiacaa«f of waiver of any of 9nrow6'3 Olllgabons at Lolidefl rateut, order this No,a must be DoeDtwad in a wi ling siyno it by i.ander Londer truly perferm any of Boffireav a Obligaoons or dreary of k'd to es.tise any of {ts rights withord e-ti a waiver of those oblgaiono or rights. A "Nor on one occasion will not rsxrwtihme n ata}ver on any otha+' acrd'cn Bor,awer4 OtalgaiOrac radar thin Noje seat not too Aftev+ad N t ender aerrasYte, wNrpro asna. excar,g ol. ten to auwOwe.. impairs an OEdasaa any Of M Ham t,elorgsrg 13 any OaMdasvor gum-v f, cosagrrrv OC any at r'la lights aytaaal any c0-t1OflOxN, paeranW, codofar.. rho GOUNNual or dry ornw r<fopwy smcfAng gte O Cantle ntay accept ono appy dyed0 acrd 000 svromenb marked "Pad r'n Fur or rhos a similar phrase oeec lbi ng a paywarl as rut sen,bcuin of ire LWflpietlann. tefanout hound fy oat Ianq-4 end wrt!OUf .81N q : qhf to payment of dame owing uri. !tom Nola. 10. SEYSsI' AE1LrTY AND INTEREST UMITATtON! IN dry pwml n of Mir Nnhe viMSkq ,tor fete or to unwht«aeaDW, too rest of ow Nolo shall rerneal Paid- tJO6vkhafatsdng Anythang wn43kfod n It- Note k the coot y, It oo "Ont "hol i toreat acclYa under ft Nab, b lire a Adler enawrdy. ata two in excess of opt hwebt ram permitted by asrwss wrenr to past. any etcoss stwl ca,abww a payn,er+s .p pjacaND Now, Need If? mceidN -y,chw. 1 kw 6013 tb be nWQM by a.8fid of oor peant p dti«h) In :r prim ow baarm Ftes been key paid, then such 1nWaat anal bo,,-jU it W.Borrower, 11. ASSIGNMENT. a-~ agrees and w essgn -y of EMfDWw,'g r rifined" at Orvarfds dumbed In ft Naa withm ft pr of wrnm O(Z$I mt of Lefler, which , , uerweM mny tot Wtt?aa M Lenou re sale dilcrencn Swftaw agreed Nut Later is enbppd to wingin some or a of its row; and remadwo, described n this NOtb without nobco m «the pro. ounua-'l of r]a+o+rcr 12. NOTICE Any lrtim a othoi omrm?ft »,Nar to tar provrf8d No Borrow. or lenuer umfer.Mis Nair shag be m wr:trr,E and sent to ft parties At Lim aadrbsxes daacribbd in 111bi Nate «suo DM address teat the parties may 2aa1gnatg in wfllhg from teal to gttk. 19. APPLICABLE LAW ml.erat >wkalsy rates, Nand chargss whirs bornporroafa Lenser for the extension of crest W Siemens yardtt lha WIN, or wi.;yh anpwuslre Lonca for any delaef9 w treacn fly S-rvww 0f the terms and owidipww of taw NOM-shat begorrslrjed by radon; ate ar)d the laws of the stain of p@nn Sy v aft Dlnw wins and cow"om of Rata Nnfe slat be gayamdd by the lewd of be stab of._kBAUSY1rand-a_,._, , op to ft bxo)at fiat Zoo Ungwm "ommsow code, presently of as herearar aNhsnded or fepaw,'prOvrea for the application M ane jeer ofd. State of Borrmia s icOatae, as incacaied in pnawalif ?to) or anises ?th.WNO pf NOMPjed by route.. this, 14 VENUE: Unkm rpplc»b'e weev pruvfdbs w?homoe, Borrower corments to ibs jaudclkm and yenuo of amy court toeated n .„RMASylvania .. .. searpted by Lends., in he dp"Arto n, in tee event of a agtd prooa.irfg update ins Noos. 15. COLLECTION COSTS: To the bsWn[ parrnded by ate, Bwyowar agrees lO pry LerafelW reasonable bass And UDats, inYudng. but oat kneed to, Nbas ano Omits of attorneys aria c;hm ngofsi (hakov wahwt ar" anon paraagab, calks And MaNh ,anal), WP40 r w do$ sutsi at«ray of egbnl tit M empbyba or ;snorer wrIch are mcwrad by Lendof in :Otaclag any amvot duo of aMjoreint ay lot or tonleAV under that Nob, whether « not suit is brought, nchadVg}. but nol "$ad I ti, all Was and costs incvood on appeal. bankrupky. end to pest ,rem COlrcoon actions, 16 ra19CELLANEOUS: T1+s Nabs is bade; oAeoujed for paacllal, W* a do nahoki pu(poabd. Bartower Will provide Lahm via current anarlow skrlemsnrs and Ofhat Rr,ancia --wax upon terquetE. Bonarer oral Lander eprae tat ifrw a of ohs essence. t'forrawe, agrees to rmaka all payments to Leader many aderaw so ouafgra"d by Lrmdw end n .x mil h tnitnd Stands TAxfenay, Borrowed No any person who oodurste lhb wt. wawa prasi!nlnswht, deresnd far aayfrwnt. notice otdishonot arulpnsf,ssl and further waive any fit D requva Lender to proofied pgakwf ahyonar abe bet«e pronsWhg aq"it t Borrower ur said poreov, All ,a(erexu to lbnoWat r< 1hb No% anal -hide a of the patfioa swoij !rill Nubs Inckadshg, bw (wl irhded to, any ddsOnara, and Ehis Cafinemat Now Dwicstae and Saouriy A,ggrrOlsnsnt (*NOW) shall be boding upw Ou hens. Eaccosawti anal eaa®m of 3urtmew: And Loader. R two w more Man one Borrower, ass oDEigadans stunt ba fmi and smsrM, inuvrmataa cOacernhir this Nola tray be repopd to crDdk 16PW M agencies unit tees former. a awabe When low"red by prapa, ,egad woos. Tbm Note mptesents the cortahmle :ad ntegtafod undarslardng swwesof Borruwor, and Law., vgNdq,g are sarms twraoi. 17. JURY TRIAL WAIVER: LENDER AND BORROWER HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS tiOTE OR THE COLLATERAL IiECVRING THIS NOTE 1a.. AD`>jITIONALTERNIS; ''<^,.#*': a fi+rlxr3 c? rK-.rvtl :, sua::rn rec. ta73a:'c; (PCDft)s?2"9t li Uf Uli an Prepared By: Jessica Trullinger 1717)909-8065 Return To: Communit Banks P.O.Box X533 Hanover, PA 17331 Parcel Identification No./Uniform Parcel Identifier: 10-20-1846 OPEN-END CONSUMER MORTGAGE This Mortgagee Secures Future Advances E3axttuwen Td Clapper Betty J Clapper ADDRESS 1 19 Creeksids Lane ECamp Hill, PA 17011 jTELEPHONE NO, IDENTIFICATION NO. i __ _ MORTGAROFt Edmund C. Clapper and Betty J. Clapper, his wife ADORE$$ 9 Creekside Lane ;Camp Hill, PA 17011 TELEPHONE, NO. IDIPMFICA-TION NO, i In consideration of the loan or other credit aecommodafion hereinafter specified and any future advances, as defined herein, which may hereinafter be advanced or incurred and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mortgagor tias, and by these presents does hereb grant, convey, bargain, sell and mortgage to. CommunityBanks Jonestown Road - OfEice_ , O. Q -40ne tp? +._,xarrisburg.,2717 3 ("Lerxier"), its successors and assigns, with power of sa a an rIg o entry a possession a o o ggagor's present and future estate, right, title and interest in and to the real properly described in ScQui e A which is attached to this Mortgage and incorporated herein by this reference, toggesther with all present and future improvements and fixtures all tangible personal property including without limitation all machinery, equipment, building materials. and mods of every nslture (excluding consumer gods) now or hereafter located on or used in connection with the real property, whether or not of and appurtenances including art development righ subsequently transferred to the Property from otl transfer from the Property to other real property; lei (p rofiW water, well, ditch, reservoir and mineral cumuiatively "Property"); until payment in full of all JIIA31£ i'r Ptclr?prw: FirsrM.tai $ct?t?:>r y, RnC. (8'7 Lr$1 ?&Y3133P.'?'7.D9 19 I to the land, privileges, hereditaments, easements, ssociated with the Property, whether previously or real property or now or hereafter susceptible of licenses and other agreements; rents, issues and ,licenses and stocks pertaining to the real property igations secured hereby. Page ! of 12 ...._...e. EXHIBIT B Moreover, in further consideration, Mortgagor does., for Mortgagor and Mortgagor's heirs, representatives, successors and assigns, hereby expressly warrant, covenant, and agree iW Lender, its successors and assigns as follows: 1. OBLIGATIONS. This Mortgage shall secure the payment and performance of all indebtedness, liabilities, obligations and covenants of Borrower or Modgagor to Lender up to at maximum amount outstanding oil any one time of S-1-0 .000_ 0 _, plus accrued and unpaid interea# (cumulatively "Obligations") pursuant tot (a) this Mortgage and the following promissory note and other agreements: tNTeREST FtA t? : PRiN? f i7Cl?Mk tV 1fGREDIT itlL9 NOTE! JWIJ i Y VATE AQtiI:?IENT LrA7E $20,000.00 D6/19/07 07/07/27 le SaM070X I as It maae on behalf of Mortgagor or debt due t,axi0er the line notwlthstariding the fact that from time to time (taut before ter M Ination of the line) no. balance may be outstan ing; (c) unpaid' balances of advances made, with respect to the Property, for the payment of tastes, assessments, maintenance charges, Insurance premiums or costs incurred for the protectian . of the Property or the lien of this Mortgage,,-expenses incurred by the Lender by reason of default by the Mortgagor under this Mortgage; and (d) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the Toregoing. As used In this Parmireph 1, the terms Mortgagor and Borrower shall include and also mean any Mortgagor or Borrower 1f more than one. 2. REPRBsENTATIONS, WAFiFIANTIES AND 'COVENANTS. Mortgagor represents, warrants and covenants to Lender that: (a) MortgaE r Baas lee simpler marketable title to :t3ie.Property and shalt maintain the F'rofrer#y free of all liens, at?interests, et;ottrtibranaes and clas excep# far this Mortgage and those described in iry reference, which ldiC?ttgagar Schedule 8 h€ch is >t iactled to tliistlAortgage and incorporated her agrees to pay and perform in a firrreiy manner; (b) Mortgagor is in aompdance in all respects with all ap?I cable federal, stale and local laws and regulations, inclixfing, without Ilmitation those re?IaCtng to 'Hazardous Materials", as defined herein, and oilier environmental matters (the "environmental Laws'},.and neither the federal government or any other govern mental or qquasi ggoverrimenial entity has fife a lien on the Props ty, nor are there any aovemmental. iudicial or adfninistrative actions wish respect to environmental matters pending, or to Mortgagor nor, io inap discharged stared, or transporter{ any iTAar( such actions to be tak material, or waste whit limited to, (i) petroleun to or tr e. The i friable or , substances, materials or Clean Water Act or lists replacements to these waste" ursuant to Secti or replacements to .thi signatea as a "naza€Ylous SUDSiance" pursuant to JOCTtOn 4.11 Or ine Int la Section 307 of fhe Clean Water Act or any amendments or v) those substances, materials or wastes defined as a 'hazardous if the Resource Conservation. and Recovery Act or any amendments and ((err) those substances., materials or wastes defined as a to SedTlon 101 of the Comprehensive Environmental Response, or any amendments or replacemepts to that statute or any other 3 regulation or orddinance now or hireafter in effect, Mortgagor shall not. tease.or permit the ,subfease of the Property to a tenant or subtenant whose operations may result In contamination of the Property With Hazardous Materials or toxic substances; ;;cyy All appplicable laws and regulations Including, without limitation the Americans-with Disabilities Act, ..q. (anti all regulations promulgated thereunder) and all:zoriing and building laws d2 U.8.C.12101 at se and regulations relating to the I'fd erty by virtue of ny federal, state or municipof authorify with. jurisdiction over the Property, presently are and shall re observed and complied with in all material LPPA5138 1s) Harland Financial ScE kcm, ire. (to7o ) (WO)937-3799 Page 2 of 12 51 97P 01 0 i naspecta, and all rights, `licenses, permits, and certificates a€ occ ancy {including but not Ifmited to zoning variances, special exce?lions for noncorr#orming uses, and ins. ection approvals), whether temporary or ppermanent, which are material to the use grid oce o the Property, presently are artd shall be obtained, preserved and, where necessary, renew Mortgagor has the right and is duly authorized to execute and perform its Obligations under this Mortgage and these actions do not and shall not conflict with the provisions of arty alatute, regulation, ordinance, rule of law, contract or other agreement which may be binding on Mortgagor at any time; M) No action or proceeding is or shall be pending or threatened which might materially affect ortgagor or the Property, and (tg Mortgagor has not violated and shall not violate any statute, regulation, ordinance, rule of law contract or other agreement (Includi?, but not limited to, those goveminq Hazardous Materials) which might materially affect the l?roper?y of Lender's rights or interest in the Property pursuant to this Mortgage. 3. PRIOR MORTGAGES. Mortga? gor represents and warrants that there are no prior mortga es or deeds of trust affecting any part of the Property except as set forth on Schedule B attached to this Mortgage which Mortgagor agrees to pay and perform in a timely manner. If there are any prior mortga es or deeds of trust then or agrees to pay all amounts owed, and perform all obligations rectu?ed under such mortgages or deeds of trust and the indebtedness secured thereby and further agrees that a disfaufl under an prior mortgage or deed of trust shall be a default under this Mortgage and shall entitle Lender to all rights and remedies contained herein or in the Obligations to which Lender would be entitled In the event of any other default. 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN MORTGAGORS OR BORROWERS. In the event of a sale, conveyance lease, contract for deed or transferto any person of all or any part of the real property described in Schedule A, or any interest therein, or of all or any beneficial interest in Borrower or Mortgagor (it Borrower or Mortgagor is not a natural person or persons but is a corporation, limited liability cor? any, partnersht'p, trusf, or other legal entity), Lender may, at its option declare the outstanding nncipal balance of the Obligations plus accrued interest thereon immediately due and payable, At LendUs request, Mortgagor or Borrower, as the case may be, shall furnish a complete statement setting forth all of its stockholders, members or partners, as appropriate, and the extent of their respective ownership interests. 6. ASSIGNMENT OF RENTS. Mortgagor absolutely assigns to Lender all present and future rents, royalties, income and profits which arise from the use or occupancy of all or any portion of the Property. Until Mortgagor is in default under this Mortgage or an of the Obligations, Mortgagor shall have a license to collect a receive rents, royalties, income and pro rys. U n airy default under Ills mortga a or any of the Obligations, Lender may terminate Morirfagors i ense without notice and may 9 to collect the rents, royalties income, and pro is with or without the appointment of a receive'. All rents royaltles, income and profits collected by Lender or a receiver will be applied first to pay all enses o4 collection, then to the payment of all costs of operation and maintenance of the Property, and en to the payment of the Obligations secured by this Mortgage in the order determined by Lender in its sole discretion, 6. LEASESANO OTHER AGREEMENTS. Mortgagor shall not take or tall to take any action which may cause or permit the termination or the withholdin or any payment in connection with a Lease or other agreement ("Agreement') pertaining to the Prope ty. In addition, Mortgagor, without Lender's prior written consent, shall not: (a) ca(llect any monies payable under any Agreement more than one month in advance- (b) modify any Agreement; (c) assi n or allow a lien, security interest or other encumbrance to be placed upon Mortgagor's rights, title and interest in and to any Agreement or the amounts payable thereunder, or (d) terminate or cancel any Agreement except for the nonpayment of any sum or other material breach by the other party thereto. If Modgagor receives at any time any written communication asserting a default by Mortga or under an Agreement; or purporting to terminate or cancel any Agreement, Mortgagor shall rornrX forward a copy of such communication (and any subsequent communications relating thereto) to ender. All such Veements and the amounts due to Mortgagor thereunder are hereby assigned to Lender as additional" security for the Obligations. 7. COLLECTIONOF INDEBTEDNESS FROM THIRD PARTY. Lender shall be entitled to notify or require Mort Vs to notifyr any third par?y (Includin , but not limited to, lessees, licensees emmental authdo ees and insurance companies) to pay Under any indebtedness or obligation owing to Mortgagor with respect to the Propery ((cumu athrety "Indebtedness") whether or not a default extsts under this Mortgage. Mortgagor shall cfiliyently collect the Indebtedness owing to Mortgagor from these third parties until the giving o such notif"ice ion In the event that Mortgagor possesses or receives possession of any ing of such notification instruments or other remittances with respect to the Indebiiecfness followingg the pry cr if the instruments or other remittances constitute the prepayment of any (ndebfedness or the payment of any insurance or condemnation proceeds, Mortgagor shall hold such Instruments and other remittances in trust for Lender apart from its other property, endorse the instruments and other remittances to Lender, and immediately provide Lender with possession of the instruments and other remittances. Lender shall be entitled, but not required, to collect (by legal proceedings or otherwise), extend the time for payment, k "PA51 SC :3i Haftnd FM-ial S.IAGM, Inc. &7+06} t6W) 937.3799 Page 3 ai 12 _v..„......_.___ b_X19, 97 I 19 I compromise, exchange or release arty obligor or collateral, or otherwise settle any of the Indebtedness wfier or not an event of default exists under this Agreement. Lender shall not be liable to Mortgagor for any action, error, mistake, omission or delay pertaining to the actions d gibed in this paragraph or any damages resulting therefrom. Notwithstanding the foregoing, nothing €terein shall cause Lender to be deembd a mortgagee-4n-possession. 8. USE AND MAINTENANCE OF PROPERTY. Mortgagor shall take all actions and make any repairs needed to maintain the Proerty in good condition. Mortgagor shall not commit or permit any waste to be commlfted with respect '0' he Property. Mortgagor shall use the Property solely In cortipl'tance with applicable law and insurance ppoo1ici Mortgagor shall not make any ?iteratio ?lditlolts o? improvements to the Prop imprerty witt?outertder's prior written consent. Without timfting to for 1t1, ail alterations, additions anti ovements made to the Property shall be subject to the benef?ranterest belonging to Lender, shall not be renxtved without Lender`s prior written consent, and shall be made at Mortgagor's sole expense. 9. LOSS OR DAMAGE. Mort gagor shall bear the entire risk of any loss, theft, destruction or damage (cumulatively "Loss or Damage") to the ProftertY or any portfon from cause whatsoever. In rte event of any Loss or Damage, Mortgagor shad, at the option of L i r, repair e affected Property to its previous condition or pay or cause to be paid to Lender the decrease in the fair market value of the affected Property. 10. INSURANCE. The Property will be kept insured for its full insurable value {replacement cost) against all hazards inclu irig bss or damage caused by flood earthquake, tomado and t, theft or other casualty to the extent required by Lender. Mortgagor may obtain insurance on the Pro from such companies as are acceptable tp Lender in its sole discretion. The insurance policies s' halt require the insurance company to provide Lender with at Ieast _ days' written notice before such policies are altered or cancelled in arty manner. The insurance policies shall be endorsed with a standard mortgaga clause in favor of Lender and provide that no act or omission of Mortgagor or any other person shall affect the right of Lender to be paid the insurance proceeds pertaining to the loss or damage of the Property. In the event Mortgagor fails to acquire or maintain insurance, Lender (after providing notice as may be required by law) ma in ils discretion procure appropriate insurance coverage upon the Property and the Insurance cost shall be an advance payable and bearing interest as described in Paragraph 21 and secured hereby. Mortgagor shall furnish Cender with evidence of insurance indicating the required coverage. In order protect its interests in the Property and rights under this Mortgage, Lender shall have the right to file, negotiate and settle claims under insurance policies, to cancel any policy, a to endorse and disburse any, draft or negotiable instrument drawn by any Insurer. Lender's exercise these rights shall be solel for Lenders benefit and not for Mortoames benefit. Lender is not an agent or fiducierv of Mortgagor. All such insurance policies snail be imme(liatety assigned, ledgea ana tleirvereO to L entler as turtner security for the Obligations. In the event of loss Mortgagor shall immediately ove Lender written notice and Lender is authorized to make proof of loss. each insurance comppany is directed to make payments directly to Lender instead of to Lender and Mortgagor. Lender shall have the right, at its sole option, to apply such monies toward the Obligations or toward the cost of rebuilding and restoring the Property. Any amounts may at Lender's option be applied in the inverse order of the due dates thereof. 11. ZONING AND PRIVATE COVENANTS. Mortgagor shalt not initiate or consent to any, change in the zoning provisions or rivate covenants affecting the use of the Property without Lender's prior written consent, if Mort a oes use of the Property becomes a nonconformity use under any zoning provision, Mortgagor shall not cause or permit such use to be discontinued or abandoned without the prior written consent of Lender, Mortgagor will immediately provide Lender with written notice of any proposed changes to the zoning provisions or private covenants affecting the -Property. 12. CONDEMNATION. Mortgagor shall immediately provide Lender with written notice of any actual or threatened condemnation or eminent domain proce din pertaining to the Propery. All monies payable to Mortgagor from such condemnation or taking are hereby assigned to Lender at shall be arliied first to the payment of Lender's attorneys' fees, legal expanses and other costs (including appraisal fees) in connection with the condemnation or eminent domain proceedinqs and then, at the option of Lender, to the payment of the Obligations or the restoration or repair of the iroperty. 13. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Mortgagor shall immediately provide Lender with written notice of any actual or threatened action, suit, or other proceeding affecting the t1n) erty. Lender shall have the right, in its own name or in Mortgagor's name, to commence, intervene in, and defend such actions, suits or other legal proceedings and to eornpromise or settle any claim or controversy pertaining thereto. Lender's exercise of these rights shall be solely for Lender's benefit and not for Mortgagor's benefit. Lender Is not an agent or fiduciary of Mortgagor. Lender shall not be liable to Mortgagor for any, action, error , mistake, omission or delay pertaining to the actions described in this paragraph or anv damages resulting therefrom. 14. INDEMNIFICATION. Lender shall not a or be responsible for the performance of Mortgagor's obligations with respect to the Property under any circumstances. Mortgagc immediately rovide Lender with written notice of and Indemnify and hold Lender and its sharer directors, officers, employees and agents harmless from air claims, damages, ffabiltties (in attorneys' fees and legal expenses), causes of action, actions, suits and other legal prod ;_YPASIS J i Pfurlexxi -Ira -W Sol born, Im. y'6r7!?6j (OM 937-3799 Pages A of 12- ... BX l997b-jig (cumulatively "Claims") pertaining to the Property (inoluding but :not limited to, those Involving Hazardous Materials). Mortgegor, upon the request of Lender, shall fiV6 legal counsel to defend Lender from such Claims, and pay he attorneys' fees, legal expet>,sas and other costs Incurred In connection therewith. In the alternative, Lender shall ba entitled to :employ its own legal urisel to defend such Ctaims at Mortgagor's cost. Mortgagor`s ;obliggation to indemnify Lender" .uftder this paragraph shall survive the #ermination, release or foreclosute ofthis Mortgage. 15, TAXES AND ASSESSMENTS. Mortgagox :aliaN pay all taxes and assessments relating to Property when due. and immediately provide Lender evfdence of payment of .same. Upon request of Lender, Mortgagm shall procure for Lender, at Mortgagors expense, a real ex.tatetai( reporting service, throughout the term of this orti?ge i .. ri ltte request of Lender, Mortgagor shat(deposit with Lender each month one-twelfth (i/12tftfts astinatsd annual insurance premium, taxes and assessmenrrtaining to the Property, - So lo?;g as lhere Is no default, these arilounts shalt be applied. 16 the :payment of taxes, asses, r»ents afiad ibadrat'? as required on the Proo. ty. In the event of .default', Letxier shall have the right at its S.?iletfid#t, to apply khe funds so held {q ° ay arty faxes or againsti.Qbli?taEtions. Any funds app ed ma' at Csrtdees option,.be applied in rev4s ofder of the dua... ate ttre'?to f: 16. INSPECTION OF PROPERTY., BOOKS, RECORDS AND REPOIgi'S. Mortgagor shall allow Lender or ifs adents to examine and ftt?e € io Properly and examine, inspect and make copieS of MAnagor's Mortgagor shall report, in a formsatisfactory to Lender4surh information as Lender may ro'Qnest regarding Mortgagor's financial condition or the Property. The information shall be for such periods, shall relish Mortgagor's records at such time, and shall be rendered with such frequency as Lender may designate. All Information furnished by Mortgagor to Lender shall be trice, accurate and complete in all respects, and signed by Mortgagor it Lender requests. 17. ESTOPPEL CERTIFICATES.. Within. ten (10) days after any request by Lender, Mortgagor shall deliver to Lender, or any intended transf&ee.of Lenders rights with respect to the Obligations, a sigged and acknowledged statement spec?ng; o) the outstanding batance on the Obligations- and ) whether Mortgagor possesses any clalms, defenses, set-offs or counterclaims, with respeett, the L?bliga. (one and, if so, IFie nature of such dims, defenses, set-offs or counterclaims. Mortggagor will be conclusively bound by any representation that Lender me make to. the intended transferee wt h respect to these matters in the event that Mortgagor fails to provide Xid rogaosted statement in a timely manner. 18. DEFAULT. Mot agar shalt ice In default under this Mortgage to the event that Mortgagor, Borrower or any guarantor of the Oblgatio : ] falls to pay any Obligatlon to Lender when due; b fails to perform any Obligation or breaches any warranty or covenant to Lender contained in this ortgage or any. other present or future agMprgent; (c) destroys hoses or darriages the Properly in any materid respect or subjects the Property to seizure, txfrtf'iscatlon, or condemnation; (d) seeks to revoke;. termiaf ate or otherwfse limit Its (lability under any guaranty to Lender or any (e) dies, t iii (t0. legally Incompetent, Is dissolved or termi shed becomes insolvent, makes an assign men?fr r the benefit of creditors, fails to pay debts as the) ,g"o 'due, files a..petition under the federal bankruptcy laws,, hagi.aninvoluntary etition in bankruptcy filed in which Mortgagor, Borrower or any guarantor is natned,. or has property tpaken under any writ or process of court; (f) allows gg?pods to be used, transported or stored on'the Property, the possession, transportation, or use of which, is illegal; allows any party other than Mort agor, Borrower, or Guarantor to assume or undertake any (g} Altgation without the written consent o? Lender, or (h) causes Lender to deem iItself insecure due to as' • niflcant decline in the value of the Property; or If ender, in good faith, behi$ves for any reason thiff the prospect of payment or performance is impaired. 19. RIGHTS OF LENDER ON DEFAULT. If there is i to exercise one or more of the following remedies will (a) to declare the Obligationis immediately.;due a b to collect the outstanding Obtigattohs with or c to require Mortgagor to !deliver and make a1 constitutsng the Property at place reasonably a (d) to enter upon and taka possession of If appointment of a receiver at-id, at Letidet's opia brinoing suit on the Obligat1'ans and without o#i receivers, 4 being intended that Lender shall hav L-PA518E lb Hmland FbW.M al Solumm, Im I8/ 4W) (800) 937-Ma der this Mort age, Lender shall be entitled or demand (gexcept as required by law). in full; arting to judicial process; .carder any personal property or Chattels hd.u spplyin g_. for or obtainihn the a receiver Wit out bond, withou first tg an statutory conditions regarding raf.right to appoint a receiver; rBOO5a 12 -7PGa 193 (e) tompfoy a managing agent of the Property and let the same in the name of Lender or in the name of MorfC9agor, and receive the rents, incomes, issues and pro>ts of the Propp?ty and apply the e, after payment of all necessary charges and expenses, on account of the 09ig a"tlons; troo pay any sums in any form or manner deemed expedient by Lender to protect the security of the tpa a or to cure any default other than payment o interest or principal on the Obligations; O to foreclose this Mortgage; ((h)) bid for and acquire the Property or any part thereof and, In lieu of a cash purchase, credit upon the amounts owed Mortgagor the net sales price after deducting therefrom the expenses of the sale and the cysts of the action and any other sums which Lender is authorized to deduct under this Mortgage; f to foreclose this Mortgage, at its option, subject to the rights of any tenants of the Property and the dilute to snake any tenants defendants to such proceedings and to foreclose their rights will not be asserted by Mortgagor as a defense to arrX proceedings instituted by Lender to coltect the amounts secured hereby or any deficient;y remaining unpaid after than sale of the property. Further, it is expressly understood and a reed by Mortgagor that nothing herein contained shakf prevent Lender from setting in a proceeding disputing the amount of the deficiency or the sufficiency of any bid at such sable, that any tenancies a versely a ect the value of the Property; o set-off Mortgagor's Obligations against any amounts owed Mrt agar by Lender including, but lWimited to, monies, instruments, and deposit accounts maintairot? with Lender or any currently existing or future affiliate of Lender; and (k) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, s arately, and in any order. In the event that Lender institutes an action seeking the recovery of any of %e Fropert? by way of a ?rrejudgment remedy in an action against Mortgagor, Mortgagor waives the posting of any bond which mig?rt otherwise be required. Lender or Lender's designee may purchase the rating at any sale. The Property or any part thereof may be sold in one parcel, or in such parcels, manner or order as Lender in its sole discretion may elect, and one or more exercises of the power herein granted shall not extinguish or exhaust the power unless the entire Property is sold or the Obligations are paid In full. 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Mortgage shell be considered a financing statement and a fixture filing pursuant to the provisions of the Uniform Commercial Code (as adopted by the state where the real propery is located covering fixtures, chattels, and articles of nereoy grants Lender a securit The secured party Is the Lend, deliver such security agreemen, any time may deem necessary Chattels and upon Mortgagors agent of Mort r. Mortgago defined in said niform Comm of Mortgagor. Mortgagor will statements. Mortgagor will ay thereof at the times required', in Mortgage be subject to any s under this Mortgage, all the rig hereby ass_igrt+sr! to tender, tog thereof by Mortgagor or the pr 21. REIMBURSEMENT OF ! expend funds to perform any e Lender under this Mortgage (in assessments, insurance premli of the lien of this Mortgage or or advances made under a cc construction loan was ongmall, all such amounts experxled E described in any Obfigatlon or or hereafter attached to or to be used in connection with the Property tcements thereof and additions thereto (the ".Chattels") and Mortgagor interest in such Chattels. The debtor is the Mortgagor descried abbove. e described above. Upon demand, Mortgagor shall make execute and 5 (as such term is defined in said Uniform Commercial Code as Lender at 3r proper or require to grant to Lender a perfected security interest In the failure to do so, Lender Is authorized to sion arnr such aareement as the "octal Code) with respect to the Chattels, at in y time, without the signature however, at any time upon request of Lender, sign such financing all filing fees for the filing of such financing statements and for the refling the opinion of Lender; by said Uniform Commercial Code. If the lien of this wurity agreement coveting the Chatted then in the event of any defauh ht tir'fflia and interest of Mortgagor in a to any and all of the Chattels is ether with the benefit of spy deposits or payments now or hereafter made edecessors or successors in title of Mortgagor in the Property. MOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may uired to be taken by Mortgagor or to exercise any right to remedy of A to :10ding but not Dmited to attomey's fees, legal ex enses, pa ment of taxes, rots, funds for protection, preservation and maintenance of the Property or therwise, expenses incurred by Lender by reason of default by Mortgagor nstruction loan to eatable completion of the improvements for which the mad. Upon demand, Mortgagor shall Immediately reimburse Lender for t Lender together with interest thereon at the lower of the h' hest rate lhea hiaahest rate allowed by law from the dale of Davment until the date of by the beneficial interest granted herein. If the Obligations are aid after the beginning of publicatior notice of sale, as herein provided, or in the event Lender shall, at its sole option, permit Mortgagor to 1 any part of the Obligations afterthe beginning of publication of notice of sale, as herein provided, th Mortggaagor shall pay on demand all expenses incurred by the Lender in connection with said publican including reasonable attorneys' fees to the attorneys for the Lender, and this Mortgage shall be security all such expenses and fees. J'F'AIMF (? HA11414 FFtgp-A 3.1E+1-, 1- (V714A JWO) 237-3790 p4gm8O•t e2 8K I 7014 22. APPLICATION OF PAYMOM. All payments :made by or on behalf of Mortgagor me: be app lied against the amounts .pall by .Lefider (including attorMs' fees and legal expenses) in Ewa .cion with the exercise of its righte. or remedies desoribed m this ortgage and then to the payment of the remaining Obligations in whetever order Lenderihopses. 23. LE IPER'S AUTHORITY TO, PROTECT ITS INTERESTS. Mortgagor authorizes Lender to take whenever action is reasonable or appropriate to protect Lentfet's interests in the Property and rights under this Mortgage. Lender may, but.sW not big required to, endorse Mortgagor's name on any instrument or other document pertaining to the Obliga*b-$. or the Mortgage and to perform any action or execute any document required to beaken or executed fly Mortgagor tinder this Mortgage. L der's performance of such action or execution of such document shah not relieve Mod?agor from any a ligatlon or cure any default under this Mortgage. Lender's exercise of these rights ;i#ralt.CC. a solely for Lender's benefit and not for Mortgagor's benefit. Lender is not an agent or fiduclary of f?torfgagor. 24. SUBROGATION OF LENDER. Lender shall.besubrogated to the ; rLghts holder of any previous lien, security interest or encUmlbrance discharged with funds advancady Lender regardless of whether these liens, secuu? ?ai'ests or other encumbrances have been released of record. 25. COLLECTJ. fees and. costs; lhd'ud attorneys and other M such attom . fay or agent duevr ehfording any rt€ lirihrted' to, all fees ahd.: c 263 PARTIAL RELEA: recording one or more interest in the remalnln release any of Its Inter obligated to release ant `s or or ai or any tittle tnereaner is 28. SUCCESSORS Mortgagor and Len personal representat 29. NOTICES. Exc( under this Moradtggasfie or such other dres sent by first c ;e Is sent or. to >. To the:extent permitted by law, Mortgagor afgreessto pay Lender's reasonable but nnpA limited to, attorney's comm[ssio or wile'd6n, fees aivt costs of o : 11 lasting without limitaton`paralegals, clerks.ind donsultant whether or not Ira loyee of Lender, Which are incurred by Lender in collecg any amount itV11 telly under this Mortgage, whether or not suit is brau ft#, :ici ng, but not a;tthctNred on appeal, In bankruptcy, and for post-judgmenit cr'fl on actions. Lender may release its interest in a portion of the Property by executingitf dial releaseavsibout affecting tixe:ken or priority of this Mortgage or riders ortion of`lhs. Property. Nothing;, herein shall be deemed to obligate. Lender to in the Property(exca t as required under Paragraph 34), nor sihail Lender be rt of the Property if Mortgagor is in default under this Mortgage. 1 WAIVER. The aWification or waiver of any of Morigagor's Obligations or itortgalga must be contained in a wnffng signed by Lender. Lender may perform ago Ps .obligations, delayyr..or fail to exercise any of its rights or accept payments o#tiar'than Mortgagor without causing a walverof those Obligations or rights. A licit ihpt constitute a waiver on any o#her occasion. Mortgagor's Oblige#lons ital.. be affected if Lender amends. compromises, excltiries, fails to exercise, tie Obligations belonging to any M'ortgagar, Borrowe> tit ird iiarty or aC..of its sr i3oy over or third party ar any of the Property., l:extder's fat ure a inset upon f tfie OIs?attons shall nottt be. cfeetned a waiver and Lender shall havathe riot t a# ;nisist upat strict performance. iND ASSIGNS. This :Mortgage shall be binding upon and Inure to the benefit of :r and their respective successors.; assigns, trustees, receivers, admfntstrators, es, legatees stud devisees, it as otherwise required by law, any notice or other communication to be provided hall be in writing and'sent io the parties at the.addresses described in this Mortgage as the padles may deslpnate in writing from time to time. Any such notice so given mail, postagge prepshall be deemed given the earlier of three (3) days after such h received 6y the person to whom such notice is:being given. A notice given by i 42 Pa.CS.A. §8143 shall be given by registered or certified mail, return receipt at the address specified above and only to such address. Such notice shall be i received. no earlier than the date actually physically received at such address. iorizes Lander; without liability and at Lender's sofa discretion, to gigs notice, in form •tt?ryto Lender, of the lien and security interest created by this Mortga a to a holder fed ariOttgage .whiah is a lien on. the Property in order, among other things, to 3o. SEVEAABiLITY. Wheneverpossible,. each provision of this Mort shelf be interpreted so as to be effective and valid under applicable state: caw; If any provision of 1Mortggage violates the iavtc or is unenforceable, the rest of the Mortgage ih continue to be valid and enforce a6ie_ 31. APPLICABLELAW. This Mprtgage shall. agoverned by the laws of the state where the real property is located. Unless eip icab(a la provides ot . arwis®, Gr n Qr atsents to the jurisdiction and venue of any court selected bynder, in is sole discretion, located in that state, 32. NO THIRD PARTY RIGHTS, No person its or shell be a thud pal beneficiary of arg provision of the Mortgage. AS provisions cf the ortt?age in favor of Lender are inters. ell solely for the benefit of Lender, and rho third party shafte entitled. ?o assume or expect that Lender will not waive or consent to the modification of any provision of the.'Mortgage, in Lendet'a° sole discretion. 33. PRESEAVAT[ON OF L,tA?1LITY AND PRIORITY. Without affecting the liability of Borrower, Mortgagor, or any guarantor of the. obligations, or any other person except a person ?iV=6asly released in writing) foie the payment and performance of the Obligations, and wit out affecting the ri .hhts of Lender with L,SPA5100 4 Hdfland FllmncU) 3olunorm. ble- (WWDS) (004W 790 Pog®7 of 12 ... 1,997FGG 195 respect to any Property not expressfy rased in writing, and vtithout impairing in arty way the prfarit?r of this Mortgage over the tnteresi of any : mph actfu?ed or €1r?t ?iidenced by recording subsequent to Che recording of this Mortgage, Len?iar rri,. either before ar af#er?e maturlry o€ the Obligations, and without notice or consent: release anyt person 9iable far pa meta tar performance of all or any part of the Obligations; make any agresmartt aitenng the terms of payment or performance of all or any part a# the Obif aYwns; Exercise or rEfravt from exercising:.ar wafve any rigght ? n?riedy that l.snder ma have under the ?ortgage; accept additional security of at#?r kstd far any of tkte?5?gations; orreleaseor otherwise deal with any real ar personal property securing the Obligations. My person apquiring, or recording evidence of any. interest. at any nature .? ttre Property shad Ere deemed, by acguinrtg such mterest.or recording any ev eltEe thereof, to have:cisnsettted to al or any siieh actions y lertdex: 3+4. DEFEASAN?E : This instnsrnent is given on the express condition that if.JJiurt?agor pa s to. Lender all sums sscuretf ly this Mortga? $s provided m the Nate, Mortgage and, other Iaan,fFacumenis and Mo agpr perfoxms and coiripli?,s with all agreements.arid conditions aonta?ned in said . ocumen#s than this Mortgage and the>estate'hereby granted shall cease and became void, lender f?iH. eacecute and. c{eliver trr_ Mortgagor these doourrtenta #hat n'tejt `be required to release this Mortgage of record. Mortgagor sftsip be responsible to pay any casts o€ reodrtlon. to ttie terms of a the P 86. C in 42 note or outer u?ugaU Mortgagor on the at secures.afl unpaid ba! Insuraitoe remtums expenses ?ncurred by incurred by Lender to ? if Mortgagor sends Mortaaae and to releE to #o Lender by reason of a, defalult try Morigagisr of any of rite Obtigafiorts desci's1Y"ed .tn Paragraph 1 of this Mortgage ar any other `ststrumer? or docurr?ent executer! and delivered in ct?rtnec#ion therewit :and (e) fiar any otter costs utc?urred by Lender #o rotes! or preserve the Prope?iy it is-the inten#lon o?the parties berate tfiat° any such.advaitc$ erode by Lender after such notice by Mortgaggor skralf be secured by ttte Lien ofthe Mortgage on Etta Property. Tfite:rdceipt by Lender of any such notice fratrr PJicirtgga??ovr shall constitute a default here?tniier:, whetheror riot.strah notice is sentpurauant to the provisions of 42 F?a, G.S.A.gBf 43(B) or (C) and whether ar not such.:ttutit:e is effected thereunder. 37. 1NAINER OF HOMESTIA©: I+Aortge?ar hereby waives ajl homestead exemptions in the Property fo which Mortgagor would otherwise be erititTeii under any applicable law. 38. MlSC1rLt_ANEOUS. Mortgagor and Lender agree that time fs of the essence. Mortgagor waives presen#ment, demand for payment, notice of dishonor and protest aIt procedural errors, defects and impertecttons in any proceeding instEtuted by Lender under any dote, this Mortgage or o#her loan documents and any nghts to sand a written notice pursuant to ?2 Pa. Cons. Slat. Ann. § 8t43(c). All references to Mortggaa,?r ki this Mortgage shall tnciude all parsons signing belouv. tf there is mare than one Mortgaggor, tlteir.Qiitl?giitions s ...l°.be jQrni and several. This Mortgage :represents the complete integrated uncfersfarrding between Mo?fgagbr and Lender pertaining io the terms and conditions hereof. s9. ,1t?RY TRIAL.]AIAI?yiwR. MOR7'©?f13QR HEREBY 1(yAt'VES AT[Y RtGHT'fE3 T?iIAL Blf JURY IN ANY CML ACTtQN AAISiNG OUT QF, ?Ofi BASED UPON; THIS MORTC3AGE. 4t). ADDtTiC3NAL TERMS: i I.APA51 tlN fIl Ne,lr.,nd Fisan?td 8o9utla?s,.lr?. j8r7,'t?5J (800} 937.5789 Pale Uvf 12_ __ N LOAN. ? This Mortgage is a construction mortgage under the Uniform secure art .ob ?gation incurred for the construction of an improvement an tend ion costs of land. This Mortgage secures a construction loan including unpaid and future advances: riterde or the e?estlon, constriction, alteration, repair or roventents: for which 3he?:t"onstructivn laari was ong??al made and it will be subb?'ect ?tnrction Ivan agreen'teti# between Mort agor and t?n?er, which is incorporated by part hereof as r? fully set #oith herein. ?ny r?atsriais, equipment or suppplies used ar 3 cor#sfruction, deve?optrieei; or a eration at the Property, whether sfored an or off lie subject to the pen afthis Mortgage. TGAGE. 'his Mortgage is and shall ba deemed an " _. en-End IVlortgage` as defined et esqq. "l7?Ts:NEtrrtgage secur•.es future advances made pursuant to the promissory one da'sor#taed in pare rraapph. fi of this Mvrt age. Atf advances.:madt? iiy Lender to a hert?f aitd hereaftershall relate back to tftge date on the Morlga e; The Mortgage an?ees of advances made by Lender tar taxes, assessments,.tttat?t?enancs cf'aF+yes, ar costs incurred flu the ?rateetEOn of the Property or the Lien of the htlArtage; or Lender by reasop pf de salt by BgrEOwer under a Mortgage, ar arty. : er cost protect and ptrve the Property,..a? ae described in 42 Pa.C.S.P? s8't4d, a written notice to Lender which purports to limit the indebtedness secured by the :se the obligations of t:?nder to make .arty additional advances to Mortgagor, such lye as to airy future advances made: (a) to_ enable corr?tetton of any irrtpravements ?ti ? ? .7 T ? ? ? J V Mortgagor acknowledges that Mortgagor has read, understands, and agrees to the terms and conditions of this Mortgage, and acknowledges receipt of an exact copy of same. IN W{TNESSWHEREOF,Mortgagor has caused this-instrument to be executed as a sealed instrument this i day of .._Jun&_.,,aoo7_.,. MorrraaaoR,?d._....C?,?,pper .? 3 i8pper _ p .E1)14UN6 C. CLAPPER MORTQAGOR'$etty J Clapper MORTGAGOR: LPP;,S'W 3 Furl»ntl Gir?gr pit Satxiorz. Ersa, i&TMO f 037.37n Pape 9 of ' 2 COMMONWE P NNSYLVANIA COUNTY OF?OF SS On this, the day of, a Ngt?ai ublic in anq for, r non ea County afor id, personally appeared. ' I'V = known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes herein cons eta. WITNESSmy hand and seal the day and year afores' r; >r a. t My Commission Expires Notary Public fr { L: 3MMOI EAL i h (?F PENNSYLVANIA ", Notarial Std! Janice L. Muth, Ntfty Pubic City Cx Hart , Dtphh Cowhy hM commiasian Ezgres Foh 1z 2010 Member, Penmvivan!a Assuiafionof N, COMMONWEALTH OF PENNSYLYANINS COUNTY OF On the day of ._,_,._...__ before me, the subscriber, a Notary Public in and for the Commonwealth and County aforesaid, personally appeared..__W_. who acknowledged himself/herself to be a/the of _ ____ m._._ 11 - , a and that he/she, as such officer, being authorized to do so executed the foregoing instrument for the purposed therein contained by signing the name of the _.®_.. by himself/herself as such officer and desired that the same might be recorded as such. WITNESSmy hand and seal the day and year aforesaid. My Commission Expires ._._.. Notary Public L?'.-A516J V HWIaMO Fx WCIW SOI tMV, im A-M ';800) )-3799 Papa 1001 12__. I O 96 CERTIFICATE )OF AESIDENCE?- r I, r !°i' / do hereby certify that the correct address of the within-named Lender` 050 Io tows} Road, Harrisbuxg, Persnsylvania 17112 ? t '6 _2 Witness my hand this ?__.._... day of r; - Agent ender l' r ? t SCt UjULE A AS DESCRIBED IN CtIME$ItLAN}A cote iico i6ax182,. BACK 247, DEED DATED JULY 27, 1998, AND PRCORDED JULY 29, 1998 ALSO KNOWN AS 9 CREBRSIDE LANE, HAMPDEN TOWNSHIP, CUMBERLAND COUKT7t Parcel Identification No. 10-20-1896 :YVA519K {;! Haraxl 6anan6,a1 $oa,AmP4fm (67.06} S»i 837-27W =sage 11 W. 12 ", 997?GO Susguehann Susquehanna Bank CO P.Q. Box 639 f Maugansviile, MD 21767-0639 Toll free 588.7221270 CERTIFIED MAIL 91 7199 9991 7030 6792 9825 Date: October 17, 20:11 TO: Ed Clapper alk/a Edmund C. Clapper RE: Mortgage Loan # XX006065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Community Banks now Susquehanna Bank, (hereinafter we, us or ours) on your property located at 9 Creekside Lane Camp Hill PA 17011 A. IS IN SERIOUS DEFAULT because you have not made monthly oyments and other charges for August 7, 2011 tbru October 7, 2011 as follows: Principal Amount Due: Interest Amount Due: Attorney Fees: Appraisal Fees: Title Search: Force Placed Insurance: Escrow: Other: Late Charges: $ 64.22 $ 527.11 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 140.00 TOTAL AMOUNT TO CURE THE DEFAULT $ 731.33 The total amount now required to cure this default, or in other words, get caught up with your payments, as of the date of this letter is $731.33. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) 2459591-1 EXHIBIT C due if payment is not made by November 19, 2011. Such payment must be made either by cash, cashier's check, certified check or money order and sent to: Susquehanna Bank C/o Susquehanna Loan Center P.O. Box 639 Maugsville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our ri t to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also in#end to instruct our attorneys to start a lawsuit to foreclose your mortgaged ro If the morta e is foreclosed our mortgaged m ppert will be sold b the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50,00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Such suit against you personally may also result in your mortgage being foreclosed and your mortgaged property being sold at Sheriffs sale. If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and sale of your mortgaged property, you have the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure. If you have obtained an Order of Discharge from the United States Bankruptcy Court, which includes this debt, we are not attempting to obtain a judgment against you, nor are we alleging that you have any personal liability for this debt. We may, however, take action against the property pledged as collateral for the debt, which may include repossession and/or foreclosure of the property. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 2459591-1 Sheriffs foreclosure sale. You may do so by paving the total amount of the unpaid monthly payments plus any late or other charges then due as well as the reasonable attorneys and costs connected with the foreclosure sale and perform any other requirements under the mortg e. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately February 15, 2012. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: Name of Lender: Susquehanna Bank Address: C/O Susquehanna Loan Center, P.O. Box 639, Maugansville, MD 21767-0639 Phone Number: 888-722-7270 ext. 27245 Fax Number: 240-313-1563 Contact Person: Michelle E-Mail Address: LoanCtr-Collections@,susquehanna.net This payment must be in cash, cashiers check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, Susquehanna Bank offers consumer assistance programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be eligible for a loan workout plan or other similar situation. If you would like to learn more about these programs, you may contact the Susquehanna Bank Collections and Recovery Department 1-888-722-7270. WE ARE VERY INTERESTED IN ASSISTING YOU. Attention Servicemembers and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently in the military service, or have been within the last nine (9) months, AND joined after signing the Note and Security Instrument now in default, please notify us immediately. When contacting Susquehanna Bank as to your military service, you must provide positive proof as to your military status. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. 2459591-1 For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (804) 569-4287 or by visiting http://www.hud.gov/ofl'ices/hsg/sMcc/hcs.cfm. You may also contact the Homeownership Preservation Foundation's Hope hotline at (888) 995- HOPE (4673). This matter is very important. Please give it your immediate attention. Michelle, Supervisor II Susquehanna Bank 1-888-722-7270 ext. 27245 2459591-1 ? a a> od* `vi M C7 .fix cv ap o r crs -? ! z` c cd: C'n d 4 4 M z a Q ri F M l? ti. USPS.com® - Track & Confirm English customer Service LIVE M.bbeo u's ,sicom* QUIt1k Tads Track & Confirm G ltI kMAll UI'r14rF; L`R!NT CkTAILS YOUR LABEL. NJM5f R 91 T189338170?06T329825 Page I of I Register I Sign In ;rvnrch USPS.com or Ts;:rk Pirkngcs Ship a Package Send Mail Manage Your Mai; Shop sasInes s Solution:, SERVICE STATUS Of YOUR ITH# CAT£B. TIME LOCATION FEATURES Frrs!•Claas Mad ° Delivered October 19, 2011, 3.31 pm CARLISLE. PA 17015 Expected Delivery 5y7 October 19, 2011 Return Receipt Electronic Arrival at Una October 19, 2011, 7.45 am CARLISLE, PA 17013 Processed through October 19, 2011. 12.30 am HARRISBURG, PA 17107 USPS Sort Faci!'ty Elacwnio$hipping Info October 19, 2011 Received Acceptance October 18, 2011, 10 32 am LITITZ, PA 17543 Check on Another Item What's your label (or receipt) number? LEGAL ON USPS.COM nva:?yf ho y: 3eYamment Serv=95 -: ^rrts of User 131 Etd•ros&Shop , ;;CIA , + P•nt r I ab0 with P-111,100 'in FEFR Act EE.? Tara ? :;us!tmer Service OTHER USPS SITES t3_s.ueaa ^uyiLnxr Gelewaq . [nscsaar(i^ne?al Pps+4' Explwer o?inah -' 21J"1 U&l^& ,1'-. Nrgety Reserved ON ABOUT.USPS.C061 Abou+ USPS Home , Newsmon• Wit Servie! tt,date, + TOrmL & PLIv:I -:.i ?ns, Corvem https://tools.usps.corn/go/TrackConfinnAction.action 11116/2011 fTEOSrATES POST M SERVICE. Date: 11/16/2011 SUSAN GIFT: The following is in response to your 11/16/2011 request for delivery information on your Certified Mail(TM) item number 7199 9991 7030 6792 9825. The delivery record shows that this item was delivered on 10/19/2011 at 03:31 PM in CARLISLE, PA 17015. The scanned image of the recipient information is provided below. D•N?r s.ctlon Signature of Recipient: Zit 1' vL-Q,? 'a 63-PtL Address of Recipient: y ? tal Mq, 6AI W r )101S Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service Susquehanna COP Susquehanna Bank P.O. Box 639 Maugansville, MD 21767-0639 Toll free 888.722.7270 CERTIFIED MAIL 91.7199 9991 7030 6792 9849 Date: October 17, 2011 TO: Ed Clapper a/k/a Edmund C. Clapper RE: Mortgage Loan # XX006065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Community Banks now Susquehanna Bank, (hereinafter we, us or ours) on your property located at 9 Creekside Lane Camp Hill. FA 17011 A. IS IN SERIOUS DEFAULT because you have not made monthly pavments and other Principal Amount Due: Interest Amount Due: Attorney Fees: Appraisal Fees: Title Search: Force Placed Insurance: Escrow: Other: Late Charges: $ 64.22 $ 527.11 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 140.00 TOTAL AMOUNT TO CURE THE DEFAULT $ 731.33 The total amount now required to cure this default, or in other words, get caught up with your payments, as of the date of this letter is $731.33. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) 2459591-t i1L You may cure this default within THIRTY (30) DAYS, of the date of this letter, by paving to us the above amount of $731.33, plus any additional monthly payment and late charge which may become due if payment is not made by November 19, 2011. Such payment must be made either by cash, cashier's check, certified check or money order and sent to: Susquehanna Bank C/o Susquehanna Loan Center P.O. Box 639 Maugansville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our ri hg t to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attornev§ to start a lawsuit to foreclose your mortgaged property if the mortgage is foreclosed your mortgaged property will-be sold by the Sheriff to pay off the mortgage t debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day_Mriod you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Such suit against you personally may also result in your mortgage being foreclosed and your mortgaged property being sold at Sheriff s sale. If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and sale of your mortgaged property, you have the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure. If you have obtained an Order of Discharge from the United States Bankruptcy Court, which includes this debt, we are not attempting to obtain a judgment against you, nor are we alleging that you have any personal liability for this debt. We may, however, take action against the property pledged as collateral for the debt, which may include repossession and/or foreclosure of the property. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 2459591.1 with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately February 15, 2012. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: Name of Lender: Address: Phone Number: Fax Number: Contact Person: E-Mail Address: CIO Susquehanna Loan Center. P.O. Box 639, Mauzansville, MD 21767-0639 240-313-1563 Michelle LoanCtr-Collection susquehanna.net This payment must be in cash, cashiers check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR 'rO BORROW MONEY FROM ANOTHER. LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, Susquehanna Bank offers consumer assistance programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers, You may be eligible for a loan workout plan or other similar situation. If you would like to learn more about these programs, you may contact the Susquehanna Bank Collections and Recovery Department 1-888-722-7270. WE ARE VERY INTERESTED IN ASSISTING YOU. Attention Servicemembers and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently in the military service, or have been within the last nine (9) months, AND joined after signing the Note and Security Instrument now in default, please notify us immediately. When contacting Susquehanna Bank as to your military service, you must provide positive proof as to your military status. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. 2459591-t For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287 or by visiting http://www.hud.gov/offices/hsglsflvbcc/hes.cfm. You may also contact the Homeownership Preservation Foundation's Hope hotline at (888) 995- HOPE (4673). This matter is very important. Please give it your immediate attention. Michelle, Supervisor 11 Susquehanna Bank 1-888-722-7270 ext. 27245 2459591-f v T? Q 3 CWo y 71 0 0 v z Q Q N b 0 ?i fl a? 3 ?D Q A v C5 Ch v m O G N W^'?1 O a k: O O C W _ CL a? a. 2419 o w d a 3r- 0 7 U a x a 0 (.7 i bi-'T O Z Wj ? 2 ffi 1?9Lsat? z 4x "` LLJ FaU W c Ir Z r'- 5 - CfUJd qq, 2 LU _j 9 J Q CL LLLJ W Q DU ' Gi sa U i I ? - - co d ti N ;.? c > M 0 m m> low ccr ? _j * x4 o (t) pu i <- M U Cl) CO D O¢ (a :3z x I U3 J 4U . i IJSPS.com(b - Track & Confirm q, • Enppsh Customer Service USPS WOW Uutck Toc,s Track & Confirm fiE'1 EA1Att. 11PDA'r+$ VR14'1' OF'I'A715 loun LADFL rvVUBER 9171893991703057929848 Check on Anothex Item Vh1at'9 your label [or (eceipt) number? LEGAL ON USPS.COM cn•rnoy Po5w • Go•-jemmer.t Services . ears C1 User l Stam" & Shup , ('K , P-nt F. Labor w•i lh Posteg- do FEAR Act l Data Customer Service r 5-" Wen . OTHER USPS SITES 8?s:nea::CU1-'Wtrrer Gute;?ay Po:to! cVn!U91F, Ins>-Da.r Gen-I . 1?or ?' ?rclcrer . r:?xin;hCV:-C' 1 U5r"S. Ar. Fight, Rage:tetl 61r_c`_ Page 1 of 1 Register I sign In saaenh USPS earn or rmr.k PDekages Ship a Package Send Mad menage Your Mail Shop Sus ness So'uhons SERVICE STATUS OF YOUR ITEM DATE A TIME LOCATICII FEATURES First-class Mad a Delivered October 20, 2011, 3:02 pm CARLISLE. PA 17015 Expected Delivery By: October 19, 2011 Return Receipt Electronic Arrival at Und October 20, 2011, 7 an CARLISLE, PA 17013 Processad through - Octobor 20, 2011, 1:33 em HARRISBURG. PA 17107 USPS Sort FacOty - ElectranieStlipping Into October 18, 2011 Received Acceptance October 18, 2011, 1032 am LITITZ, PA 17543 7-11 ON ABOU7.I.15 OM Abaut U!W.i Netx5mam . V43 Seroln UW""k. > rarms & Fu=6catons Caresm 1.++.??•//+nn)c t-io r+nm/[)r? YAI`?!rllT1 1'Tt"IQr`ftflTl nr"f1nn 11/16/2011 M i STQL SERVXE W Date: 11/16/2011 SUSAN GIFT: The following is in response to your 11/16/2011 request for delivery information on your Certified Mail(TM) item number 7199 9991 7030 6792 9849. The delivery record shows that this item was delivered on 10/20/2011 at 03:02 PM in CARLISLE, PA 17015. The scanned image of the recipient information is provided below. Signature of Recipient: ' C'c?c ./ C Address of Recipient: "Y Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service Susquehanna Susquehanna Bank P.O. Box 639 Maugansville, MD 21767-0639 Toil free 888.722.7270 CERTIFIED MAIL 91 7199 9991 7030 6792 9856 Date: October 17, 2011 TO: Betty J. Clapper RE: Mortgage Loan # XX006065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Community Banks now Susquehanna Bank, (hereinafter we, us or ours) on your property located at 9 Creekside Lane Camp Hill PA 17011 A. IS IN SERIOUS DEFAULT because you have not made monthly payments and other changes for August 7, 2011 thru October 7, 2011 as follows: Principal Amount Due: Interest Amount Due: Attorney Fees: Appraisal Fees: Title Search: Force Placed Insurance: Escrow: Other: Late Charges: $ 64.22 $ 527.11 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 - $ 140.00 TOTAL AMOUNT TO CURE THE DEFAULT $ 731.33 The total amount now required to cure this default, or in other words, get caught up with your payments, as of the date of this letter is $731.33. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) 2459591-1 due if payment is not made by November 19,_2011. Such payment must be made either by cash, cashier's check, certified check or money order and sent to: Susquehanna Bank C/o Susquehanna Loan Center P.O. Box 639 Maugansville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our ri to RN accelerate the rnortga_geaments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreciose your mortggaggd ro rt . If the mortgage is foreclosed our mortgaged ro rt ll be sold the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default. before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Such suit against you personally may also result in your mortgage being foreclosed and your mortgaged property being sold at Sheriffs sale, If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and We of your mortgaged property, you have the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure. If you have obtained an Order of Discharge from the United States Bankruptcy Court, which includes this debt, we are not attempting to obtain a judgment against you, nor are we alleging that you have any personal liability for this debt. We may, however, take action against the property pledged as collateral for the debt, which may include repossession and/or foreclosure of the property. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the ri 7 t to cure the default and prevent the sale at any time up to one hour before the 2459591-1 Sheriffs forecl sure sale. You may do so b in the total amount of the !!n d monthl a P_y meats talus anv late or other charges then due as well as the reasonable attornev's fees and costs connected with the foreclosure We and Derforni any other requirements under the mortaaae. It is estimated that the earliest date that such a Sheriff s sale could be held would be approximately February-1 5,, 2012. A notice of the date of the Sheriffs sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling usat the following number: Name of Lender: Address: Phone Number: Fax Number: Contact Person: E-Mail Address: C/o Susquehanna Loan Center, P.O. Box 639, Mangansville, MD 21767-0639 eat. LoanCtr Collections&usquehanna.net This payment must be in cash, cashiers check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged' property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, Susquehanna Bank offers consumer assistance programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be eligible for a loan workout plan or other similar situation. It you would like to learn more about these programs, you may contact the Susquehanna Bank Collections and Recovery Department 1-888-722-7270. WE ARE VERY INTERESTED TAI ASSISTING YOU. Attention Servicemembers and dependents: The Federal Servicemembers' Civil Relief Act ("SCRAA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently in the military service, or have been within the last nine (9) months, AND joined after signing the Note and Security Instrument now in default,. please notify us immediately. When contacting Susquehanna Bank as to your military service, you must provide positive proof as to your military status. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. ?45959[-t For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 5694287 or by visiting http://www.hud.gov/offices/hsg/sfhfhcc/hes,cfm. You may also contact the Homeownership Preservation Foundation's Hope hotline at (888) 995- HOPE (4673). This matter is very important. Please give it your immediate attention. Michelle, Supervisor lI Susquehanna Bank 1-888-722-7270 ext. 27245 2459591-1 iA- NIV. t9 ^ E d 41 ? em M o '' s is .,. " y? t c va \t ? ? a ? i r u. Q z_ Ilk LL. d ?+4tt i3. ;a t3 a- f9 n itorn A X D-4 C F-C vc zoo 'U"Iq [3 ? ? C8 on nz r4 z 0-4 10 " r - o c p co no M -? m m r= rn ,-on b m ,_0 ?Zm °mA xzc D0 O O)v, c W D o(D x° SOS C m 0) n -,- C S c:, D 'te a ? Y ` 9 , om f o? a ? USPS.com1: -Track & Confirm :i t Page I of I E ?gliah v??tartror Service USPS P9eGle Regitter i Sign In uses om* J...atrh .,._ f era`.^k y. 717rc Too" Ship a.Package :Sena fl;ad Nw-agg raj; Mn?a . Shop Business so uhorss' Track & Confirm W is FAIN' OE tAJMi a„ytU.k.lat<K BFI"fYif: E-. IAIJ. If V`U6$f tlY tfi N6,-WE ?..ai,, no,,: :31?1 &5s99t;G1ob;f3a?FSH first-Class Mall Delivered October W 2011 302 pm CARLISLE. PA 17015 Expected Degvety By,. October 19, 2011. bieunl Receipt Electronic AMVaI at Unit October 2Q.. 2011,'.0? am CARL=SLE, PA 17013 Processed tnrougn October 2G. 20t 1, 1 33 am AARR:S9U+RG. PA. USPS Sort raolity Eiectronic Snipping Into OG16Der'8. 201' Recenred Acceptance Ovoner 15. 201 t, 10 32 am I? 72. PA 17543 Check on Another Item What's your [abet (or receipt) numbed? ON USPS.COM `ne^.I 'v?rY itiS ON ABOUT.USPS.CONt n i3E'S t: 13ttDs:-itools.urns.coni/2 o'TrackConfirmAction.action 1 I l 6/2011 L Date: 11116/2011 SUSAN GIFT: The following is in response to your 11/16/2011 request for delivery information on your Certified Mal(TM) item number 7199 9991 7030 6792 9656. The delivery record shows that this item was delivered on 10/20/2011 at 03:02 PM in CARLISLE, PA 17015. The scanned image of the recipient information is provided below. 0"VWY 3000" Signature of Recipient: t_ Address of Recipient: y Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service CERTIFIED MAIL 91 7199 9991 7030 6792 9532 Date: October 17, 2011 TO: Betty J. Clapper RE: Mortgage Loan # XX006065 Susquehanna Susquehanna Bank P.O. Box 639 Maugansville, MD 21767-0639 Toll free 888.722.7270 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MOR'T'GAGE held by Community Banks now Susquehanna Bank, (hereinafter we, us or ours) on your property located at 9 Creekside Lane Camp Hill PA 17011 A. IS IN SERIOUS DEFAULT because you have not made monthly payments and other charges for August 7, 2011 thru October 7, 2011 as follows: Principal Amount Due: Interest Amount Due: Attorney Fees: Appraisal Fees: Title Search: Force Placed Insurance: Escrow: Other: Late Charges: TOTAL AMOUNT TO CURE THE DEFAULT $ 64.22 $ 527.11 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 140.00 $ 731.33 The total amount now required to cure this default, or in other words, get caught up with your payments, as of the date of this letter is $731.33. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) 2559591-1 You may cure this default within THIRTY (30) DAYS of the date of this letter, by 12gying to us the above amount of $731.33, plus any additional monthly payment and late charge which may become due if payment is not made by November 19, 2011. Such payment must be made either by cash, cashier's check, certified check or money order and sent to: Susquehanna Bank C/o Susquehanna Loan Center P.O. Box 639 Maugansville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirtda riod you will not be required to a attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Such suit against you personally may also result in your mortgage being foreclosed and your mortgaged property being sold at Sheriff s sale. If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and sale of your mortgaged property, you have the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure. If you have obtained an Order of Discharge from the United States Bankruptcy Court, which includes this debt, we are not attempting to obtain a judgment against you, nor are we alleging that you have any personal liability for this debt. We may, however, take action against the property pledged as collateral for the debt, which may include repossession and/or foreclosure of the property. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the 2459591-1 with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately February 15, 2012. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: Name of Lender: Address: Phone Number: Fax Number: Contact Person: E-Mail Address: CIO Susquehanna Loan Center, P.O. Box 639, Maugansville, MD 21767-0639 888-722-7270 ext. 27245 Michelle LoanCtr-Collections @susquehanna,net This payment must be in cash, cashiers check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. IF YOU ARE LINABLE TO BRING YOUR ACCOUNT CURRENT, Susquehanna Bank offers consumer assistance programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be eligible for a loan workout plan or other similar situation. If you would like to learn more about these programs, you may contact the Susquehanna Bank Collections and Recovery Department 1-888-722-7270. WE ARE VERY INTERESTED IN ASSISTING YOU. Attention Servicemembers and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently in the military service, or have been within the last nine (9) months, AND joined after signing the Note and Security Instrument now in default, please notify us immediately. When contacting Susquehanna Bank as to your military service, you must provide positive proof as to your military status. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. 2459591-1 For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287 or by visiting http://www.hud.gov/otTices/hsg/sMcc/hcs.cfm. You may also contact the Homeownership Preservation Foundation's Hope hotline at (888) 995- HOPE (4673). This matter is very important. Please give it your immediate attention. Michelle, Supervisor Il Susquehanna Bank 1-888-722-7270 ext. 27245 2459591-1 0 3 O 0 b 4 r>e, I cn ? d c Q Q'* w n USPS,comt -Track & Confirm F'?giisn?,;,s4arner Spn-rce USPS Mobile I" Y 1 ?.-? / d f 4 Page Iof I Re9istar r Sign In ub? 49- usps-COM, ",ac+, Tc^ts Ship a Pact'Age 3eod Mad kivage You! Mall >hcp :?u:.n?ss `, 0 utinrls Track & Confirm v,>Lk Lai# I `.F '3k.'. PVIL:C', 7 tyil }: tn: vi)41 f. I1 v 111?k,ri :tot: VI I I:iE:i At7t3sa88 7044"a?32 3932 Flrsl•Claad Poled a Delivered .OCtIbe, iS 20`1, 331 prn SARL.S_E, PA 17015 Expected Delivery Sy' lattobe, 19" 201, Return Reo.ipt Electronic Arnval at UP[ October 19, 2(; 1,, 7 45 am CARLISLE, PA 17013 Cheek on Another Item Vdtat's your label (or receipt) number? ON USPSCOM " aa-.>sL4?.lp> ?I i ! aA,-s NiPr F . -o P,, Processed through October 19 2011, 17 3G am HARRISBURG. PA 17107 LISPS sort Facility Electronk Shippn?g Into October 18. 2011. Receive0 Acceptance October. 18. 201 10 32 art JTITZ, PA 17543 ON ASOUT.USPS.COM r pans:/;tools.uses.co;nlLo/TrackContirinAction.action l 1 "16!201 1 NnTD ST?//??Fr#+r?e. Date: 11 /161201 1 SUSAN GIFT: The following is in response to your 11/16/2011 request for delivery information on your Certified Mail(TM) item number 7199 9991 7030 6792 9832. The delivery record shows that this item was delivered on 10/1912011 at 03:31 PM in CARLISLE, PA 17015. The scanned image of the recipient information is provided below. Signature of Recipient: . -v--z IL Address of Recipient: ? ? I J { •Q? /, )??? ? ?O ???'' Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service VERIFICATION SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS vs. ED CLAPPER AWA EDMUND C. CLAPPER and BETTY J. CLAPPER I, CHRISTINA FREDERICKSON, being duly affirmed according to law, depose and say that I am Legal Coordinator for Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Christina Frederickson SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor rr ? ,SFr . ; - ?`C!??t=??Mt.. aka 4 ? ruts? ' Susquehanna Bank Case Number vs. 2012-1987 Betty J. Clapper (et al.) SHERIFF'S RETURN OF SERVICE 04/02/2012 12:06 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 2, 2012 at 1206 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Edmund Corl Clapper, by making known unto Betty J. Clapper, Wife of Defendant at 19 Wiltshire West, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. OAH CLINE, DEPUTY 04/02/2012 12:06 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 2, 2012 at 1206 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Betty J. Clapper, by making known unto herself personally, at 19 Wiltshire West, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $50.00 April 04, 2012 Cpun, Jf'%srC! r p..;:•, I?. NOAH CLINE, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 AJ ZM ro Z? ter" -c ... r- c.? CD Imo` Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS, Plaintiff V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2012-1987 ED CLAPPER A/K/A EDMUND C. CLAPPER and BETTY J. CLAPPER, PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks against Defendants, Ed Clapper a/k/a Edmund C. Clapper and Betty J. Clapper for want of an answer: ® Assess damages as follows: Principal Balance ................................................................ Interest through 03/14/12 at a rate of $5.11 per diem ................................................ Late Charges ........................................................................ Other Bank Fees .................................................................. Attorneys' Fees ................................................................... 355951-1 $18,273.83 1,336.12 240.00 340.00 3,000.00 1(0.50 Pa A7TV 0,* 506:0 ilk a7S0(o7 Total ................................................................................ $23,189.95 plus continuing interest after March 14, 2012 at a rate of $5.11 per diem, plus continuing late charges and costs. ® I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. F-I Pursuant to Pa. R.C.P. §237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ® Pursuant to Pa. R.C.P. §237.5, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: `A lo I-?' BARLEY SNYDER LLC By: 4- V'e William F. Colby, Jr., Esquir Keith Mooney, Esquire Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 NOW, " 11 , JUDGMENT I NT ED BOVE Prothonot rk By: , Deputy 3559521-1 No. 2012-1987 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS, Plaintiff V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2012-1987 ED CLAPPER A/K/A EDMUND C. CLAPPER and BETTY J. CLAPPER, TO: Ed Clapper a/k/a Edmund C. Clapper Betty J. Clapper 19 Wiltshire West Street Carlisle, PA 17015 ' Certified Article Number DATE OF NOTICE: April 26, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, 3544713-1 No. 2012-1987 A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE: Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Date: BARLEY SNYDER LLC By: William F. Colby, Jr., Esqui Keith Mooney, Esquire Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks Court I.D. No. 46880; 74001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 3544713-1 No. 2012-1987 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to Comm unityBanks SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS, Plaintiff V. ED CLAPPER A/K/A EDMUND C. CLAPPER and BETTY J. CLAPPER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2012-1987 AVISO IMPORTANTE TO: Ed Clapper a/k/a Edmund C. Clapper Betty J. Clapper 19 Wiltshire West Street Carlisle, PA 17015 (Defendido) FECHA DEL AVISO: 26 April 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUVA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. 3544713-1 No. 2012-1987 SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Date: 41 ?L BARLEY SNYDER LLC By: William F. Colby, Jr., Esqui Keith Mooney, Esquire Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks Court I.D. No. 46880; 74001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 3544713-1 o Walz, CertifiedPro NET Page 1 of 1 WALZ C rns edPro..Net Create Transaction Create Multiple Transactions Tracking Process Returns Returns Look Up socurlty - irrtegrlty Mail Center Settings Jpload Address Book Ldoyle ( Logout ) Home Last Login: 4/27/2012 overview User Info Recipient: Transaction Information: Betty J. Clapper Tracking #: 71969008904008989650 Help 19 Wiltshire West Street Service Options: Return Receipt - Electronic Electronic Confirmation Links Carlisle, PA 17015 Mail Service: Certified Contact Us Reference #: Susq/Clapper Transaction created by: Idoyle Postage: 0.45 User ID: 3286 Fees: 4.10 Firm Mailing Book ID: None Status: Delivered Transaction History: Detail Event Descriptir46 MECULA,CA USPS@ Download [WALZ]- ELECTRONIC SHIPPING INFO RECEIVED at TE USPSO Download [WALZ] - PROCESSED THROUGH USPS SORT FACILITY at HARRISBURGPA QUICK TRACKING USPS@ Download [WALZ] - DEPART USPS SORT FACILITY at HARRISBURG,PA Enter the Article Number: USPS® Download [WALZ] - DELIVERED at CARLISLE,PA wAratuW ; Download View Description RRE Image ?.? .ir. V: Betty J. Clapper 19 Wiltshire West Street Carlisle, PA 17015 Oc SENDER: ?'lo REFEREE : Susq/Clapper m C) Ps For7nls%, AD&"04 0 0898 9650 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees us Postal Service Receipt for Certified Mail No Insurance Cove ape Provided Do Not Ube for InNnlatlonal Mail . .......................................... 2.95 1.15 X0.0000 POSTMARK OPf;ATE r+..6 LW I H W Z Zi cu c m ., a " C r2 } r- 0. ? a o o? Z b LO (0 0 0 0 4 N O 0 co LL7 r- z rn 0. t- 0 0 N a 00 M 0 LL N a https://www.certified,nro.net/w 1 /SearchResultDetail.aspx?id=1929627 4/30/2012 UNrrEDSTATES POSTAL SERVICE. Date Produced: 04/30/2012 WALZ CERTIFIED MAIL SOLUTIONS LLC The following is the delivery information for Certified MaiITM item number 7196 9008 9040 0898 9650. Our records indicate that this item was delivered on 04/27/2012 at 02:02 p.m. in CARLISLE, PA, 17015. The scanned image of the recipient information is provided below. Signature of Recipient: re LL k/ M Address of Recipient: v s t ? )? ?, Zl ?,? /, /?? ? ? ???, J? !t/ Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service Wd,z, Certifieslro N7 WALZ security -- Integrity Ldoyle ( i_ogo;t ) Home Overview c.. 4 AEOMl? IUMe?' ?age CertiftedPro. Net Create Transaction Create Multiple Transactions Tracking Process Returns Returns Look Up Mail Center Settings Upload Address Book Last Login: 4/27/2012 User Info Recipient: Transaction Information: Ed Clapper a/k/a Edmund C. Clapper Tracking #: 71969008904008989629 Help 19 Wiltshire West Street Service Options: Return Receipt - Electronic Links Carlisle, PA 17015 Electronic Confirmation Mail Service: Certified Contact Us Reference #: Susq/Clapper Transaction created by: Idoyle Postage: 0.45 User ID: 3286 Fees: 4.10 Firm Mailing Book ID: None Status: Delivered Transaction History: Event Description Event Date Detail USPS@ Download 04-26-2012 [WALZ] - ELECTRONIC SHIPPING INFO RECEIVED at TEMECULA CA USPS® Download 04-27-2012 [WALZ] - PROCESSED THROUGH USPS SORT FACILITY at HARRISBURG,PA QUICK TRACKING USPSW Download 04-27-2012 [WALZ] -DEPART USPS SORT FACILITY at HARRISBURG,PA Enter the Article Number: USPS(& Download 04-27-2012 [WALZ] - DELIVERED at CARLISLE,PA >ownload View Description RRE Image TO: Ed Clapper a/k/a Edmund C. Clapper 19 Wiltshire West Street Carlisle, PA 17015 SENDER: REFEREE: Susq/Clapper Pp. Fevala" . ACIPAn a n 4 n RETURN Postage RECEIPT Certified Fee 045 SERVICE Return Receipt Fee 2-95 Restricted Delivery 1, 15 Total Postage & Fees - US Potttal SeMM c? -SS POSTAgARR'gE Receipt for { Certified Mail No Ineuranos Coverage Provided Do Not Use for International Mad .,r v. O c sf., -i • s, tv r li . v P a w z m V g W G. ? c+l C t x0 b0 zo https://www.certified,nro.net/w 1 /SearchResultDetail.aspx?id=1929624 LO to 0 0 9 N 0 0 ro Z rn a f- 0 0 N Q Iti M u- rn a- 4/30/2012 WVITEDSTATES POSTAL SERVICE. Date Produced: 04/30/2012 WALZ CERTIFIED MAIL SOLUTIONS LLC The following is the delivery information for Certified MaiITM item number 7196 9008 9040 0898 9629. Our records indicate that this item was delivered on 04/27/2012 at 02:02 p.m. in CARLISLE, PA, 17015. The scanned image of the recipient information is provided below. D*Nnwq SeWon Signature of Recipient: re n - ---- - Address of Recipient: vV ) l ?, Ic 1 ?j ??! ? Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS, Plaintiff V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2012-1987 ED CLAPPER A/K/A EDMUND C. CLAPPER and BETTY J. CLAPPER, AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 The undersigned, Keith Mooney, Esquire, doth depose and say that Ed Clapper a/k/a Edmund C. Clapper and Betty J. Clapper, Defendants are not in the Military or Naval Service, based on the following facts: Age of Ed Clapper a/k/a Edmund C. Clapper is 65; Last known Employer of Ed Clapper &Wa Edmund C. Clapper is Victory Auto Group; Present place of Residence of Ed Clapper a/k/a Edmund C. Clapper is 19 Wiltshire West Street, Carlisle, PA 17015; Age of Betty J. Clapper is 66; Last known Employer of Betty J. Clapper is IPD; Present place of Residence of Betty J. Clapper is 19 Wiltshire West Street, Carlisle, PA 17015, as of the date of this affidavit. Affidavit based upon representations of Plaintiff. 3559521-1 The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: S 1101 1" - BARLEY SNYDER LLC By: William F. Colby, Jr., Esquire Keith Mooney, Esquire Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 3559521-1 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 N. Fifth Street - 2FL: P.O. Box 942 Reading, PA 19603-0942 610.376.6651 Attorneys for Plaintiff Susquehanna Bank, formerly Susquehanna Bank DV, Successor to CommunityBanks SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS, Plaintiff V. ED CLAPPER A/K/A EDMUND C. CLAPPER and BETTY J. CLAPPER, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2012-1987 PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS SS. Terri Lyn Shober, doth depose and say that she served a true and correct copy of the 10- day Default Notice upon Ed Clapper a/k/a Edmund C. Clapper, 19 Wiltshire West Street, Carlisle, PA 17015 and Betty J. Clapper, 19 Wiltshire West Street, Carlisle, PA 17015 by mailing the same to them, by first class mail on April 26, 2012. 3559575-1 The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: May 8, 2012 BARLEY SNYDER LLC By: Terri Lyn Shob r, Paralegal 50 North Fifth Street, 2nd Floor P.O. Box 942 Reading, PA 19603 610.376.6651 3559575-1 OFFICE OF THE PROTHONOTARY OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS, Plaintiff:: V. ED CLAPPER A/K/A EDMUND C. CLAPPER and BETTY J. CLAPPER, Defendants No. 2012-1987 Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case. ® Judgment for Plaintiff and against Defendant in the amount of $23,189.95 ? Judgment for Defendant(s) and against Plaintiff(s). ? Order of Decree in favor of Dated: May 8, 2012 TO: Betty J. Clapper 19 Wiltshire West Street Carlisle, PA 17015 PROTHONOTARY 31!//Z OFFICE OF THE PROTHONOTARY OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE SUSQUEHANNA BANK, FORMERLY SUSQUEHANNA BANK DV, SUCCESSOR TO COMMUNITYBANKS, Plaintiff V. ED CLAPPER A/K/A EDMUND C. CLAPPER and BETTY J. CLAPPER, Defendants No. 2012-1987 Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case. Dated: Judgment for Plaintiff and against Defendant in the amount of $23,189.95 Judgment for Defendant(s) and against Plaintiff(s). Order of Decree in favor of May 8, 2012 TO: Ed Clapper a/k/a Edmund C. Clapper 19 Wiltshire West Street Carlisle, PA 17015 PROTHONOTARY sAIIa